Question

Nevada is alone among the states in making prostitution legal. Under Nevada law, brothels may be operated in certain counties in the state. In other counties in the state, they are unlawful. Where brothels may lawfully be operated, they are subject to licensing requirements, requirements that sex workers undergo health testing, and other requirements. In addition, Nevada law restricts advertisements by brothels. They cannot advertise in counties where prostitution is not permitted by law, even if they are located in a county where prostitution is lawful. Brothels are permitted to advertise in counties where prostitution is allowed, but such advertisements cannot appear in any public theater or on any public street or highway. Brothel operators and newspapers initiated legal action, arguing that the advertising restrictions violated the First Amendment. What type of speech is at issue here? Do the advertising restrictions violate the First Amendment?



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  • CreatedJuly 16, 2014
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