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: How Appealing

Should the constitutionality of a zoning ordinance only be evaluated with regard to the 'alternative avenues of communication' it leaves open at the time it is passed, or also those it leaves open at the time it is challenged?

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"This case requires us to resolve an interesting and surprisingly unanswered question of First Amendment law: whether the constitutionality of a zoning ordinance should only be evaluated with regard to the 'alternative avenues of communication' it leaves open at the time it is passed, or also those it leaves open at the time it is challenged." So begins the adult entertainment zoning decision that the U.S. Court of Appeals for the Second Circuit issued today.

Senior Circuit Judge Guido Calabresi issued the opinion on behalf of a unanimous three-judge panel.

Full post as published by How Appealing on March 10, 2010 (boomark / email).

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