Question 6:Citizens and civil leaders expressed dismay when Van Nuys Video announced it would be opening a store in Mill Creek, Washington.The town, a quiet suburban refuge from nearby Seattle, prides itself on its reputation of clean living, clean air, clean streets, and clean minds.Van Nuys Video, which calls itself the "supermarket of video stores," stocks thousand of titles, including a large selection of NC-17 and unrated videos.The town council quickly passed a new ordinance prohibiting the sale or rental to any person of any video material that is "grossly indecent or offensive" because it "might be harmful to adults and/or minors."Town leaders say that such material is readily available in Seattle and other communities, and there is no need to permit it in Mill Creek.

Two days after the opening of Van Nuys Video, the store manager is arrested for violating the new ordinance for renting a copy of"Midnight Cowboy"to an adult customer.The film - the story of a male prostitute - is the only X-rated movie to win the Academy Award for best picture (1969).Although unchanged, the film was re-rated years ago to an "R" or restricted status.City officials argue that the content of the motion picture clearly meets the definition in the ordinance of material that is grossly indecent or offensive and could be harmful to adults as well as young people.Attorneys for Van Nuys Video argue that the town's ordinance is invalid because it violates the First Amendment.City officials say the First Amendment doesn't protect movies and points to the MPAA film rating system in effect at theaters as evidence that filmmakers do not have the same constitutional freedoms as authors.

A) Is the Mill Creek city ordinance constitutional?What would the Court use in determining whether such a video could be rented to adults?

B) What is the likelihood the film will be determined obscene