Posted: February 10th, 2023
Please answer the following question with a 300-word response. You must also reply to at least one student with a 150-word response.
There is a business owner in your city wanting to open the first fully nude strip club. There are also a group of people who are protesting the opening of this strip club. Imagine you are an attorney who is being hired to argue one side of this issue.
SOLUTION
If I were hired to argue the rights of the business owner, my argument would be based on the principles of freedom of expression and the 1st Amendment. The strip club owner has a right to operate his business as he sees fit, as long as it is within the bounds of the law. Nudity can be considered a form of artistic expression, protected under the First Amendment.
I would also argue that the strip club is located in a commercially zoned area, where adult entertainment establishments are allowed, and that the owner has obtained all necessary permits and licenses. Further, the strip club has taken steps to mitigate any negative impacts on the community, such as hiring security and instituting a dress code for patrons.
If I were hired to argue the rights of the protestors, my argument would focus on the negative impact the strip club could have on the community, and the potential for increased crime in the area. I would argue that the First Amendment does not protect expression that is harmful to the community, and that the strip club’s presence would lower property values and potentially lead to public nuisances such as noise, litter, and traffic.
Additionally, I would argue that the strip club is not in the best interest of the community, and that the city has a compelling interest in protecting the quality of life for its residents. I would also argue that there are alternative means for the owner to express his artistic vision, such as opening a different type of establishment that does not involve nudity.
In either case, relevant case law such as City of Renton v. Playtime Theatres, Inc. (1986) and Barnes v. Glen Theatre, Inc. (1991) would be cited to support the arguments made.
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