Legal Opinion
Conchatta Inc. v. Miller
Court of Appeals for the Third Circuit
Decided August 15, 2006No. 05-1803PublishedCited by 20 opinions
1Opinion of the Court
FUENTES, Circuit Judge.
The operator of a club in Philadelphia that features semi-nude dancing, as well as two of its dancers, challenge a Pennsylvania Liquor Code statute and regulation that prohibit “lewd” entertainment at any licensed establishment. Plaintiffs argue that the statute and regulation are unconstitutional both on their face and as applied to plaintiffs. We conclude that the statute and regulation are facially invalid because they are substantially overbroad, punishing a significant amount of protected speech in relation to their legitimate scope.
I. BACKGROUND
Plaintiff…
2Cases cited27 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- United States v. O'BrienSupreme Court of the United States · 1968
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- New York v. FerberSupreme Court of the United States · 1982
- Texas v. JohnsonSupreme Court of the United States · 1989
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3Cited by20 opinions
- Free Speech Coalition, Inc. v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2012
- Free Speech Coalition, Inc. v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2016
- Entertainment Productions, Inc. v. Shelby CountyCourt of Appeals for the Sixth Circuit · 2009
- King v. ChristieDistrict Court, D. New Jersey · 2013
- Hubler v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2009
15 more not listed; retrieve them via the Exa API.