Courts Take Close Look at Adult Use Regs

Abstract

Regulations imposed on “adult businesses”¹ by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media.² The importance of these issues can be seen in the fact that between 1976 and 1991, the U.S. Supreme Court addressed five cases challenging the constitutionality of state or local regulation of adult businesses. See Table 1. In addition, state and lower federal courts have ruled on hundreds of adult business cases. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.