This section contains the nature of the case and procedural background.

Ds operated an adult bookstore in the commercial zone in P. The store sold adult books, magazines, and films. In 1976, the store introduced an additional coin-operated mechanism permitting the customer to watch a live dancer, usually nude, performing behind a glass panel. D was charged with violation of a P ordinance. D were found guilty, and fines were imposed. Ds were again found guilty in a trial de novo held on the record. The court recognized that 'live nude dancing is protected by the First Amendment' but was of the view that 'First Amendment guarantees are not involved' since the case 'involves solely a zoning ordinance' under which 'live entertainment is simply not a permitted use in any establishment' whether the entertainment is a nude dance or some other form of live presentation. The Appellate Division affirmed. The Supreme Court of New Jersey denied further review. The Supreme Court granted certiorari.

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