San Jose Laws Shuttering ‘Public Nuisances’ Found Constitutional

An ordinance in San Jose, Calif., that allows police to halt business at nightclubs or similar venues deemed a “public nuisance” doesn’t violate the First Amendment, a divided Ninth Circuit said Tuesday.

“There is no dispute that music and entertainment fall within the protection of the First Amendment,” Judge Jacqueline H. Nguyen said in the majority opinion, affirming the lower court’s grant of summary judgment to San Jose. “The narrow question here is whether the challenged provisions operate as unlawful prior restraints on those protected activities. We conclude they do not.”

San Jose nightclub Diamond S.J. Enterprise’s brought the ...