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- 1. - • i CHAPTER IV - LEGAL ISSUES A. Overview Having considered the specific characteristics and impacts of adult oriented businesses, it is important to become familiar with the legal tools, issues and standards related to the regulation of such establishments. Three basic categories of regulatory tools are available to the public authorities to arrress problems posed by various adult activities: 1) criminal sanctions for certain illegal conduct, such as the. sale or distribution of obscene materials; 2) zoning regulations; 3) licensing of establishments or practitioners. Each of these techniques has distinct advantages and canes with'an independent set of legal constraints. Of particular importance are certain constitutional issues which impact all of these regulatory techniques. Cur intent in this section of the staff report is first to address the broad constitutional issues which impact regulations in this area and then to address the specific regulatory techniques. B. Constitutional Issues • 1. First Amendment Provisions and Objectives Public restriction of adult entertainment establishments may appear to threaten constitutional protections relating to the freedan of expression. Many adult ente_rtaipnent establishments engage in activities which involve one form or another of speech. Such activities are presumed under most circumstances to be constitutionally protected by the First Amendment of the United States Constitution. The First Amendment of the U.S. Constitution provides that: . . .Congress shall make no laws respecting the establishment of religion cr prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press. .." While a full review of the legal decisions and•principles associated with the First Amendment protections is beyond the scope of this report, sane general comments can be made. The Supreme Court has considered on numerous occasions the societal values which the First Amendment is designed to protect and foster. Voltaire's famous expression, "I disapprove of what you say, but will defend to the death your right to say it" is frequently noted as embodying the sentiments which fibmoved the framers o f the constitutional protection. The Court has stated that any restriction erexpressive activities because of their content could "completely undercut the profound rational commitment to the principle that debate on public issues should be uninhibited, robust and wide-open." Absolute neutrality is required by government when dealing with speech related • activities to ensure that the regulation of communication, when it occurs, is not affected by sympathy cr hostility for the point of view being expressed.