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22. Which of the following statements regarding the constitutionality of this ordinance is most accurate?
A city has an ordinance that prohibits the location of «adult theaters and bookstores» (theaters and bookstores presenting sexually explicit performances or materials) in residential or commercial zones within the city. The ordinance was intended to protect surrounding property from the likely adverse secondary effects of such establishments. «Adult theaters and bookstores» are freely permitted in the areas of the city zoned industrial, where those adverse secondary effects are not as likely. A storekeeper is denied a zoning permit to open an adult theater and bookstore in a building owned by him in an area zoned commercial. As a result, the storekeeper brings suit in an appropriate court challenging the constitutionality of the zoning ordinance.
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A is incorrect. The government may not prohibit certain types of speech based on its content.
C is incorrect. A government body may restrict the time, place, and manner of speech, and the speakers have no unfettered freedom of choice.
D is incorrect. The adverse secondary effects of adult theaters and bookstores are a neutral substantial interest that the government may seek to serve through a time, place, and manner restriction.