First Amendment topicsAbout the First Amendment
 
Erznoznik v. City of Jacksonville (docket #: 73-1942) (1975)  [Findlaw]

Secondary Link Erznoznik v. City of Jacksonville  [Legal Information Institute]
Argument Date 02/26/1975
Decided 06/23/1975
Supreme Court Vote 6-3
Supreme Court Ruling Free Speech claim upheld; ruling that a Florida ordinance making it a public nuisance and a punishable offense for a drive-in movie theater to exhibit films containing nudity, when the screen is visible from a public street of place was facially invalid.
 
IssueWhether a Florida ordinance making it a public nuisance and a punishable offense for a drive-in movie theater to exhibit films containing nudity, when the screen is visible from a public street or place, violates the First Amendment guarantee to freedom of speech and expression.
Majority Opinion Powell, J. (joined by Douglas, Brennan, Stewart, Marshall, and Blackmun, JJ.)
Concurring Opinion Douglas, J.
Dissenting Opinion Burger, C.J. (joined by Rehnquist, J.), & White, J.
Lower Court Supreme Court of Appeals of West Virginia
Lower Court Ruling Free Speech claim denied.
Lawyers
For Petitioner
William H. Maness

For Respondent
William Lee Allen

Briefs
For Amicus
Motion Picture Association of America, Authors League of America (supporting Petitioners)

Opinion - Lower Court
Erznoznik v. City of Jacksonville, 288 So.2d 260 (Fla.App 1 Dist. 1974)
News
"Anti-Nude Film Sponsor Will Pray for Justices," New York Times, Jun. 24, 1975, pg. 18
"Drive-in-Film Nudity Ban Upset by High Court, 6-3," New York Times, Jun. 24, 1975, pg. 18
"Summary of the Various Actions Taken by the United States Supreme Court on Opening Day of Its Term," New York Times, Oct. 16, 1974, pg. 25
MacKenzie, John P., "Nude Scenes in Drive-In Films Upheld," The Washington Post, Jun. 24, 1975, sect. A, pg. 1
MacKenzie, John P., "Your Honor, I Was Driving Along and This Movie…" The Washington Post, Feb. 27, 1975, sect. C, pg. 1
Matthews, Linda, "Supreme Court Humor; Drive-in Nudity Hearing a Carload of Giggles," Los Angeles Times, Feb. 27, 1975, sect. A, pg. 1
Will, George F., "Privacy and Drive-In Movies," The Washington Post, Jun. 27, 1975, sect. A, pg. 31
 SEARCH MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links