An Economic Analysis of the Secondary Effects Doctrine
Abstract: incomplete
The secondary effects doctrine was established in Young v. American Mini Theatres. The doctrine explicitly allows for the curtailment of the first amendment freedoms if the state has an interest in preventing the "secondary effects" of the speech. Examples of secondary effects include increased property crime, increased prostitution, and lower property values. This argument is analogous to the the economists' notion of the production of negative externalities. In this paper I will argue that there are few if any externalities associated with sexually oriented businesses (SOBs) which are protected by the first amendment. I will also review and critique the statistical evidence used to demonstrate negative secondary effects.