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Constitutional arguments of free speech were insufficient to overcome statute both on its face and as applied. Judgment and sentence affirmed. Johnson v. State , No. November 9,

Regulating Sexually Oriented Businesses

Breach of Peace Laws | The First Amendment Encyclopedia

Zoning regulations are among the more visible and controversial functions of local governments. Zoning has become the principal tool citizens and local governments use to manage urban growth and development and to protect the character of their communities. Few matters will pack a hearing room as quickly as a major rezoning proposal. But if there is a topic that generates more community interest and controversy than zoning, it may well be sexually oriented businesses. Therefore, it is hardly surprising that zoning and other regulation of sexually oriented businesses produces tremendous public interest and debate, many local ordinances, and more than a few lawsuits. The upshot of this outpouring of concern has been a strong trend among local governments around the country and in North Carolina to regulate sexually oriented businesses, most often by significantly restricting their location.

The First Amendment Encyclopedia

Often portrayed blindfolded and holding balance scales and a sword, the figure represented is Themis , the Greek Goddess of Justice and law. The blindfold she wears represents the impartiality with which justice is served, the scales represent the weighing of evidence on either side of a dispute brought to the court, and the sword signifies the power that is held by those making the ultimate decision arrived at after an impartial and fair hearing of evidence. Whether or not state and local court systems in these modern times are providing blind justice as represented by the statute of Themis could be debated.
The state of Texas argued flag desecration was inherently inflammatory and that state should be able to regulate it to prevent dangers to the public peace. The Supreme Court ruled that the breach of the peace statute referenced in this case was not tailored narrowly enough to encompass only those flag burnings that would result in serious disturbances. Here in , Johnson holds a flag sent to him by an unknown well-wisher. Breach-of-the-peace laws typically cover conduct that is disorderly and disturbs the public peace and quiet of a community.
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