In order to control adult businesses, the City of Virtusville passes an ordinance restricting adult theatres. The ordinance requires no minors to be admitted to adult theatres, that no movie posters that could be considered indecent may be visible from outside the building, and no obscene movies may be shown. Furthermore, films may not include sexually deviant behavior (such as bestiality), which the city considers patently offensive. Because the rules are merely time, place and manner restrictions, such an ordinance would be constitutional.

Question

Quizplus · Accepted Answer

Most of the ordinance would be OK, but the requirement that "films may not include any sexually deviant behavior" makes the rule unconstitutional. Miller defines what is obscene and adding a stipulation about sexual deviancy goes beyond what Miller allows. Suppose a film contained sexual deviancy but had serious literary, artistic, political or scientific value. Under Virtusville's ordinance that film would be obscene, but Miller would say otherwise.

In Order to Control Adult Businesses, the City of Virtusville