Planet K's Junked Vehicle and the First Amendment
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Many of the landmark free speech decisions made by the Supreme Court involve proactive expressions made during times of unrest. For example, the high court recognized the right of a citizen to burn a United States flag as symbolic speech and political protest in 1989. It had also protected the right of people to use hate speech, to burn crosses, and to support the violent overthrow of the government as an abstract doctrine. While some free speech issues have been resolved for many years by the court, other topics arise from struggles involving free speech. The purpose of this thesis is to examine one such free speech controversy in San Marcos, Texas. Planet K, an adult novelty store, claimed that a junked car on the lot was under protection of the First Amendment and went as far as the 5th Circuit Court of Appeals. Under the guidelines of intermediate scrutiny the car was ultimately removed from the lot.