Detroit imposes special zoning restrictions on adult movie theaters. “If the theater is used to present ‘material distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas,”’ it is an adult establishment.” This is broader than regulable obscenity, and clearly content-based. Can it be saved?
“The question whether speech is, or is not, protected by the First Amendment often depends on the content of the speech,” writes Justice Stevens for a plurality. He continues:
Whether political oratory or philosophical discussion moves us to applaud or to despise what is said, every schoolchild can understand why our duty to defend the right to speak remains the same. But few of us would march our sons and daughters off to war to preserve the citizen’s right to see “Specified Sexual Activities” exhibited in the theaters of our choice.
True, no?