(Download) "Major Liquors v. City Omaha" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: Major Liquors v. City Omaha
- Author : Supreme Court of Nebraska
- Release Date : January 16, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In this action the sole plaintiff to appeal challenges the constitutionality of an ordinance of the city of Omaha which provides
for the revocation of a liquor license if topless dancing by a female is permitted on the licensed premises. It is asserted
that the ordinance conflicts with the First Amendment to the Constitution of the United States which guarantees freedom of
speech and with the provisions of the Fourteenth Amendment for equal protection of the laws. We affirm the judgment of the
district court holding the ordinance is valid. Plaintiff contends that "freedom of speech" as guaranteed by the First Amendment includes the right to express thoughts and
ideas by means other than speech. Cited in support of this view is Burstyn, Inc. v. Wilson, 343 U.S. 495, 72 S. Ct. 777, 96
L. Ed. 1098, holding that motion pictures are protected as they are a significant medium for the expression of ideas; In re
Giannini, 69 Cal. 2d 563, 72 Cal. Rptr. 655, 446 P. 2d 535, cert. den., 395 U.S. 910, which held that topless dancing could
not be banned under an ordinance prohibiting "lewd or dissolute conduct"; Glancy v. County of Sacramento, 17 Cal. App. 3d
504, 94 Cal. Rptr. 864, holding an ordinance banning topless dancing without reference to obscenity was overbroad and unconstitutional;
and Hudson v. United States (D. C. App.), 234 A. 2d 903, sanctioning a burlesque dance in the absence of proof of obscenity.
The Giannini and Hudson decisions are based upon the premise that obscenity was not present or satisfactorily proved.
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