City of Nyssa v. Dufloth

The majority holds that Nyssa City Ordinance 578 does not constitute an impermissible restraint on protected expression because the conduct it regulates — nude dancing— is contained wholly within a well-established historical exception to Article I, section 8, of the Oregon Constitution, and thus does not constitute protected expression for the purposes of the state constitution. I agree with the majoritys conclusion that the ordinance does not violate Article I, section 8, but for a different reason: Ordinance 578 is not directed at the substance of any opinion or the subject of any…