City of Erie v. Pap’s A. M., Tdba “kandyland” — Stevens, J., Dissenting

Summary

Justice Stevens dissents from the Court’s decision to allow the "secondary effects" doctrine to justify a total ban on nude dancing, which he views as protected First Amendment expression. He argues this contradicts precedents like Young, Renton, and Schad that limited secondary effects to zoning and not total suppression. The dissent concludes the ordinance targets the expressive message of nude dancing based on legislative history and the ordinance’s specific definition of nudity. Justice Scalia, concurring in the judgment, would dismiss the case as moot and argue the law regulates general conduct. Justice Souter, concurring in part and dissenting in part, would remand for factual justifications for the secondary effects.