State v. Holladay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that First Amendment did not preclude closing of adult bookstore, pursuant to generally applicable nuisance statute, when solicitation of prostitution was occurring on premises
• holding that because the state public indecency statute targeted unprotected conduct, incidental burden on speech inherent in complying with the law was constitutional
• holding that enforcement of a generally applicable law prohibiting use of premises for prostitution or lewd behavior against a bookstore did not implicate the First Amendment
• stating that the First Amendment is not implicated when “government is regulating neither speech nor an incidental, nonex-pressive effect of speech”
• holding “First Amendment is not implicated by the enforcement of a public health regulation of general application”
• stating that constitutional scrutiny will be applied “only where it was conduct with a significant expressive element that drew the legal remedy in the first place”

Source: CourtListener parenthetical corpus (CC0).