City of National City v. Wiener

MOSK, J., Concurring and Dissenting.

There are nine words in the majority opinion with which I agree: “the judgment of the Court of Appeal is reversed.” However, because the bulk of the opinion proposes to give effect to a city ordinance that unconstitutionally bans the dissemination of First Amendment-protected material, I must distance myself from its reasoning.

First, the facts.

At the time of trial, Chuck’s Bookstore was the only adult bookstore in National City—a city of more than 57,000—although there is one other sexually oriented business, a movie theater.

Purporting to rid itself of…