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Schad v. Mount Ephraim
Schad v. Mount Ephraim | |
Court | Supreme Court of the United States |
---|---|
Citation | |
Date decided | June 1, 1981 |
Appealed from | New Jersey Supreme Court |
Facts
James Schad (defendant "Schad") opened an adult bookstore in the Borough of Mount Ephraim (plaintiff "Ephraim") in New York in 1973.
3 years later, Schad installed devices in his store allowing customers to watch live naked burlesque dancing.
In the 1970s, town of Ephraim didn't permit live entertainment in a commercial zone.Procedural History
Ephraim filed legal complaints against Schad for violation of the zoning ordinance.
Schad replied that Ephraim's ordinance prohibiting all live entertainment is over-broad and infringes on his right to freedom of expression under the 1st Amendment.
Schad loses in municipal court & is fined.
Schad loses at all courts of New Jersey. New Jersey Supreme Court denied review of the case.Issues
Holding
SCOTUS negates all New Jersey courts by holding that the Ephraim ordinance was over-broad by banning protected expressions of speech without sufficient justification.
The Supreme Court ruled 7-2.Reasons
Rule
Case Text Links
- Video summary at Quimbee
- Case text at Justia
- Case text at Legal Information Institute of Cornell Law School