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VARIETY THEATRES, INC. v. CLEVELAND COUNTY

No. 43.

192 S.E.2d 290 (1972)

282 N.C. 272

VARIETY THEATRES, INC., a North Carolina corporation v. CLEVELAND COUNTY, North Carolina, et al.

Supreme Court of North Carolina.

November 15, 1972.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, for plaintiff appellant.

Horn, West & Horn, by J. A. West, Shelby, for other defendants appellees.

C. C. Horn, County Atty., for Cleveland County.

SHARP, Justice:

Plaintiff makes the following contentions: (1) The ordinance was enacted without legislative authority for Ch. 1062 empowers the county commissioners "to regulate theater screens only if `not visible' to any person operating a motor vehicle upon any public street or highway." (2) The ordinance imposes an "unconstitutional prior restraint on speech" in violation of the First Amendment. (3) The ordinance violates the due process and equal protection...

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