CASE SUMMARY: FIRST AMENDMENT: ALAMEDA BOOKS v. CITY OF LOS ANGELES: 222 F.3D 719 (9TH CIR. 2000) Skip over navigation
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Copyright (c) 2001 Golden Gate University
Golden Gate University Law Review

CASE SUMMARY: FIRST AMENDMENT: ALAMEDA BOOKS v. CITY OF LOS ANGELES: 222 F.3D 719 (9TH CIR. 2000)

Spring, 2001

31 Golden Gate U.L. Rev. 91

Author

Katia Lazzara *

Excerpt



I. Introduction

The First Amendment to the United States Constitution protects freedom of speech. 1 Courts categorize government restrictions of speech as either content based or content neutral. 2 Content-based regulations restrict speech because of the specific idea or message conveyed. 3 Because content-based regulations greatly restrain a person's right to free speech, they must serve a compelling government interest and be narrowly tailored to accomplish that interest. 4 Content-neutral regulations, on the other hand, regulate conduct that indirectly impacts speech. 5 In order to pass muster, contentneutral regulations must advance a significant state interest unrelated to the suppression of speech and not substantially burden more speech than necessary to further that interest. 6 Content-neutral restrictions often regulate the time, place, and manner of protected speech. 7 Zoning ordinances enacted to limit the time, place, and manner for certain categories of speech are therefore generally characterized as contentneutral restrictions. 8 In determining the validity of zoning regulations that restrict adult entertainment, the courts apply the intermediate scrutiny standard. 9 In Alameda Books v. City of Los Angeles, 10 (hereinafter, "City") the Ninth Circuit addressed the issue of whether a Los Angeles zoning ordinance regulating adult businesses constituted a legitimate contentneutral regulation. 11

II. Facts and Procedural History

In Alameda Books v. City of Los Angeles, 12 the City of Los Angeles (hereinafter "City") enacted Los Angeles Municipal Code Section 12.70 on July 28, 1978, to ban adult businesses located within 1,000 feet of another adult business or within ...
 
 
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