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Constitutional Law Keyed to Stone
Erznoznik v. City of Jacksonville
Citation:
422 U.S. 205 (1975)Facts
Richard Erznoznik managed the University Drive-In Theatre in Jacksonville, Florida. On March 13, 1972, he was charged with violating a city ordinance (§ 330.313) for exhibiting a film in which “female buttocks and bare breasts were shown” that was visible from public streets. The ordinance, adopted in January 1972, prohibited any drive-in theater from showing films containing nudity if visible from public streets or places. Erznoznik, with the city prosecutor’s consent, obtained a stay of his prosecution to challenge the ordinance’s validity in a separate action. Evidence showed that the theater’s screen was visible from two adjacent streets and a church parking lot, and people had been observed watching films from outside the theater. The city defended the ordinance on various grounds, including protecting citizens from unwanted exposure to offensive materials, protecting children, and traffic safety.
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