UBE Question of the Day
Bar Exam Multiple Choice Questions
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Today's Question:
A city enacted a zoning ordinance forbidding theaters showing sexually explicit material to be located within 1,000 feet of any other such theater. Just prior to the effective date of the ordinance, the owner of a chain of adult shops and theaters signed a contract to lease a gas station, which was within 500 feet of an existing adult theater. He planned to convert the gas station into an adult theater, but when he applied for a license to exhibit adult films in the building, the license was denied pursuant to the new zoning ordinance. What is the strongest argument by the city in favor of the constitutionality of the ordinance?
(A) The plaintiff has no standing to attack the constitutionality of the ordinance.
(B) Zoning ordinances are constitutionally permissible under the police power.
(C) The city’s concern for the character of the neighborhood outweighs the specific limitation on free speech.
(D) Sexually explicit movies are obscene and can be prohibited entirely.
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