Story: Citizens and village officials met to strategize on how best to deal with the opening of new video store in Clarkston, a quiet suburban town in the metro-Detroit area. It is known that Rockin’ Video’s other locations in Michigan stock thousands of titles, including a large selection of NC-17 and unrated adult videos. The city council passed an ordinance prohibiting the sale or rental to any person of any video material that is “grossly indecent or offensive” and that “might be harmful to persons under the age of 18.” City leaders say that such material is readily available in other communities, and there is no need to permit such material in Clarkston.

One week after the opening of Rockin’ Video in Clarkston, the store manager was arrested for violating the new ordinance for renting a copy of the 1969 film “Midnight Cowboy” to an adult customer. The film, the story of a male prostitute, is the only Xrated movie to win the Academy Award for best picture. Although unchanged, the MPAA re-rated the movie, “R” or restricted status, when it was re-released years later. City officials argued that the content of the motion picture clearly meets the definition in the ordinance of material that is grossly indecent or offensive and could be harmful to adults as well as minors.

Attorneys for Rockin’ Video argue that the ordinance violates the First Amendment. City officials respond that the First Amendment does not protect movies and point to the MPAA film rating system in effect at theaters as evidence that filmmakers do not have the same constitutional freedoms as authors.

Does the ordinance satisfy the test that would be used to determine whether such a video can be rented to adults? Discuss the test. Does the ordinance constitute a variable obscenity law? Why or why not? What is the likelihood that the rented video will be determined to be obscene? Is the city correct to say that the First Amendment does not protect movies? Explain within your Analysis.

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