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MMLU / A nightclub owner applied for a required zoning permit to open a nude-dancing…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A nightclub owner applied for a required zoning permit to open a nude-dancing nightclub in the theater district of a city. An organization of influential city residents began an intensive lobbying effort to persuade the city council to deny the owner a permit to operate any type of nude- dancing facility at any time or in any place in the city. The owner has sued the city in an appropriate federal court, seeking an injunction that would prohibit the city council from considering the organization's views, on the ground that if the organization is successful in its lobbying efforts, the owner's First and Fourteenth Amendment rights would be violated. The city has moved to dismiss the action. Should the court dismiss the owner's action?

choices

  1. No, because nude dancing is symbolic speech and is therefore protected by the First and Fourteenth Amendments.
  2. No, because the organization does not seek a reasonable time, place, and manner regulation of nude dancing, but instead seeks a total ban on the owner's opening any type of nude-dancing facility at any time or in any place in the city.
  3. Yes, because the action is not ripe.
  4. Yes, because the First and Fourteenth Amendments do not protect obscenity, and nude dancing is obscene.

subject

professional_law

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Source and history

task_id
b34afd46-729f-519d-b256-243303ade49a
task_key
all--test--b34afd46-729f-519d-b256-243303ade49a
task_revision_id
1
config / split
all / test

Official source

initial import