Upper Midwest Booksellers Ass'n v. City of Minneapolis

I respectfully dissent.

If the first amendment means anything, it should be clear that the Minneapolis ordinance is unconstitutional on its face. In dissenting, I am not unmindful of a government’s public concern for the well-being of its youth. Before we condone paternalistic censorship by government in a free society, however, this court, as has every. other court addressing similar laws, must be certain that such legislation (1) respects the constitutional rights of both adults and minors by not unduly encroaching on the basic freedoms we enjoy through free speech and free press and (2) is…