Posted on 04/14/2005 7:45:09 AM PDT by bedolido
SAN FRANCISCO (Reuters) - A Nevada bill that would impose a 10 percent tax on strip club dancing will be struck down in court if lawmakers pass it, an American Civil Liberties Union lawyer said on Wednesday. "You can not have a special tax aimed at First Amendment activity based on content," said Allen Lichtenstein, general counsel of the ACLU of Nevada.
(Excerpt) Read more at reuters.com ...
Of course smokers and drinkers are fair game. Good post.
Ah, the set of rules of what is and is not constitutionally protected grows with each passing day. Why do we have elections anyway?
Mark R Levin on Liberal Justice Power Grab
CSPAN, NRO | Mark R Levin
Posted on 04/11/2005 9:40:56 AM PDT by marylandrepub1
http://www.freerepublic.com/focus/f-news/1381474/posts
Don't they have anything better to do? We have a right to do a lot of things that are taxed. My state has an illegal drug tax and you don't hear the drug dealers calling for the ACLU to come and save them! LOL
This is what happens when the Supreme Court decides that the Constitution protects "expression" rather than speech and the press. When ti**y dancers and flag burners are held to be the moral equivalents of Thomas Paine, words have no real meaning, and we are subject to the tyranny of our judicial lexicographers.
"You can not have a special tax aimed at First Amendment activity based on content"
LOL!
Then Quit taxing firearms and ammo. Wouldn't the same argument mean the 1934 law where they tax the heck out of machine guns is invaled. YES______________ always has been.
As we slide toward communism, everything will be fair game. The pols like to start with the hidden taxes (gas, indecipherable phone bills, airline tickets, etc); then the sin taxes; and every now and then a new tax as they slide their communist feet further in the door.
It is just wrong.
Not protected anymore.
Guns : out constitutional protected
Stripping :in constitutional protected
Please, please Mr justice, no I mean king or god,
give me the current list.
Why do we have elections?
That's not the basis of the lawsuit. The lawsuit is for a 'protected activity'. Since welders is not protected by the ACLU(ie living constitution), the ACLU won't sue for welders.
Wrong in your eyes does not make it unconstitutional.
I wasn't commenting on the consitutionality of the matter, but on the basic matter of the government taxing one profession at a higher or lower rate than other professions.
(Just FYI I don't think the IRS should be allowed to withhold based on the assumed tips from the base paycheck from anybody... but they do)
Differential tax rates may arguably be "wrong" or unfair, but they are certainly Constitutional. Where I live, I pay a "resort tax" if I rent a car, but no tax if I rent a floor sander. The tax I pay on scotch is higher than the tax I pay on wine. The ACLU argument is that stripping is "speech", and is therefore impeded or chilled by virtue of being taxed. Nonsense. I would have the same objection if the government proposed to exempt "artisan" welders from a tax, as opposed to the guy who fabricated my bumper. "Expression" has NOTHING to do with the Constitution.
I just think it is funny that the ACLU refers to stripping as a 1st Ammendment activity.
The way I read it, the tax would be on income, not the use taxes you referred to in your post.
"To single out a particular business based on content and tax it with a special tax is unconstitutional."
(did not say profession)
. Here's an earlier article from last year:
A leading senator in the Nevada Legislature wants to see profits from strippers help pregnant women and young mothers.
Senate minority leader Dina Titus, D-Las Vegas, said she wants to see strip clubs assessed a state fee based on the club’s square footage. The money would be used to help Nevada’s obstetricians with skyrocketing costs for medical malpractice insurance. The problem is acute in Las Vegas, Titus said. Many gynecologists have either shut down their practices or retired because of the cost of malpractice insurance, leaving young mother or mothers-to-be without proper health care.
http://www.rgj.com/news/printstory.php?id=36909
Income, goods, or services, there's no First Amendment issue here.
Would you support a higher income tax rate on bank tellers than on any other job in the state? If not why not? You seem to be leaning toward supporting a higher rate on strippers than other jobs.
Isn't the restriction on religious speech a restriction on the content?
I believe that they're also talking about outlawing "tipping" in MO as well. I'm not sure how they could do that without outlawing all tipping in the state (like cabs and waitresses), but then that sort of thing's never really bothered the MO legislature.
A number of years ago, when they passed a bill attempting to outlaw homosexual sex, what they actually passed was a bill that outlawed anyone, having any sex in the state!
Mark
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