Miami Adult Magazine Display Restrictions
In Miami, Florida, USA, adult magazines were displayed at newsstands until 1990 when the city council passed laws to prevent public viewing of such publications. These restrictions were put into place due to complaints from residents about the visibility of these magazines while waiting in line at stores like Walgreens or CVS Pharmacy. This made it difficult for parents to protect their children's innocence as they waited to get medicine or groceries at these locations.
Larry Flynt Publishing Inc., publishers of Hustler magazine, filed a lawsuit against the city claiming that this restriction was an unconstitutional violation of his First Amendment right to freedom of speech. The case went all the way up to the Supreme Court which ruled in favor of Flynt on January 6, 1994, stating that "the government has no power to suppress expression of ideas." However, the court did not make a decision regarding whether or not the ordinance was constitutional because there was insufficient evidence available at that time.
Flynt argued that the law interfered with his ability to sell magazines by requiring them to be sold behind counters where customers could still see them but without any clear guidelines as to what materials should be included in those areas. He claimed that this limited his sales significantly and caused him financial hardship.
The city argued that the ordinances were necessary because it was disturbing to families who had young children waiting for prescriptions or purchasing other items. They felt the need to keep the material out of sight so that children would not accidentally stumble upon it while walking down the street. Additionally, they believed there was a link between exposure to adult content and increased rates of sexual assault among minors.
In 2005, after years of litigation and public debate about how best to handle the issue, Miami passed an ordinance allowing the sale of adult magazines only if they are kept hidden from view within stores unless specifically requested by a customer over 18 years old. This change took effect immediately and ended the long-standing dispute over what constitutes proper display practices for such publications.