Legal Opinion

State v. Cafe Erotica, Inc.

Supreme Court of Georgia

Decided November 2, 1998No. S98A1218PublishedCited by 13 opinions

1Opinion of the Court

Thompson, Justice.

The State of Georgia appeals from a ruling of the trial court striking down as violative of the right to free speech under the Federal and Georgia Constitutions, a 1996 amendment to the Outdoor Advertising Control Act of 1971, OCGA § 32-6-70 et seq. In essence, the challenged legislation, codified as OCGA § 32-6-75 (b); Ga. L. 1996, p. 831, § 3, prohibits any off-premises outdoor advertising of commercial establishments where nudity is exhibited.

The stipulated facts show that appellee Cafe Erotica is a business establishment which provides food services and also offers adult…

2Cases cited8 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  5. Gwinnett County v. Gwinnett I Ltd. PartnershipSupreme Court of Georgia · 1995

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3Cited by13 opinions

  1. Lamar Advertising Co. v. City of Douglasville, GeorgiaDistrict Court, N.D. Georgia · 2003
  2. Passions Video, Inc. v. NixonCourt of Appeals for the Eighth Circuit · 2006
  3. Brissey v. EllisonSupreme Court of Georgia · 2000
  4. Miller v. StateSupreme Court of Georgia · 2002
  5. Kennedy v. Avondale Estates, GeorgiaDistrict Court, N.D. Georgia · 2005

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