To: [Your name]
From: Supervising Attorney
Re: Mad Dog Review v. Jonesville; First Amendment—freedom of expression
We represent Mad Dog Review, a local rap band. As you know, this is a controversial group. The lyrics of one of their songs, "Mad Dog City Council," describes our city council in explicit terms using "dirty" words and language generally considered obscene. Based upon the language in their songs, and specifically that in "Mad Dog City Council," the city council of Jonesville (a neighboring municipality) has banned the group from performing in their community.
The Jonesville city council based its authority to enact the ban on Municipal Ordinance section 355-20. The ordinance provides: "The City Council, upon majority vote, may prohibit the public performance of any type of entertainment that does not comport with local standards of decency or acceptability." The ordinance does not define "local standards of decency or acceptability" or provide any standards or guidelines that the city council must follow.
Mad Dog Review wants to challenge the authority of the Jonesville city council to ban its performance. Please prepare an office memorandum addressing the question of whether the municipal ordinance violates the group's right to freedom of expression.
Rule of Law: First Amendment to the United States Constitution (U.S. Const. Amend. I).
Case Law: Assume that the only case law governing this question is Atlantic Beach Casino, Inc. v. Morenzoni, 749 F. Supp. 38 (D.R.I. 1990). The relevant portions of the case are presented at the end of this chapter.