Legal Opinion
Berry v. City of Santa Barbara
California Court of Appeal
Decided December 5, 1995No. B085586PublishedCited by 18 opinions
1Opinion of the Court
Opinion
YEGAN, J.
We are called upon to delicately balance precious First Amendment rights against the government’s interest in protecting minors from viewing harmful matter. Wayne C. Berry, who distributes an “adult” publication from sidewalk newsracks, challenged enforcement of a city ordinance of the City of Santa Barbara (City) on the theory that it violated the United States Constitution. The trial court disagreed. We have strictly scrutinized the ordinance, section 5.66.110 of the Santa Barbara Municipal Code, and conclude that, on its face, the ordinance passes constitutional muster.…
2Cases cited32 opinions
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Morissette v. United StatesSupreme Court of the United States · 1952
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
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3Cited by18 opinions
- Crawford v. LungrenCourt of Appeals for the Ninth Circuit · 1996
- Blickman Turkus v. Mf Downtown SunnyvaleCalifornia Court of Appeal · 2008
- Moreno v. SanchezCalifornia Court of Appeal · 2003
- Beilenson v. Superior CourtCalifornia Court of Appeal · 1996
- Leko v. Cornerstone Bldg. Inspection Serv.California Court of Appeal · 2001
13 more not listed; retrieve them via the Exa API.