Content Distinction and Freedom of Expression: Arcara v. Cloud Books, Inc., The
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Authors
Vicinaiz, Victor V.
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Supreme Court in Arcara v. Cloud Books, Inc. held that no first amendment issues were raised by the closing of a bookstore pursuant to a content-neutral regulation. In Arcara, the State of New York had filed a civil complaint under the state's red light abatement statute against Cloud Books, Inc., seeking the closure of the adult bookstore. The defendant argued that closing the bookstore would be an unconstitutional infringement upon his first amendment rights. The United States Supreme Court held that when a regulation of general applicability is aimed at non-expressive conduct, no first amendment issues are raised even though the regulation restricts expression.|This Note examines the history of the Supreme Court's analysis of regulations that affect expression. Specifically, this Note discusses the difference in the Supreme Court's treatment of those regulations, depending on whether the regulation is content-based or content-neutral. Further, a review of state court decisions dealing with situations similar to Arcara is undertaken. Finally, this Note urges courts to use a unified analysis when evaluating the constitutionality of any regulation that affects expression. This unified analysis, formulated by Professor Redish of Northwestern University, would require a court to apply the same level of judicial scrutiny to all regulations that affect expression...
Description
Citation
20 Creighton L. Rev. 893 (1986-1987)
Publisher
Creighton University School of Law