The Court therefore struck down the ordinance, finding it unconstitutional on its face. Seattle could save the ordinance only by providing for a mandatory stay of suspension or revocation pending judicial review. The case against summary suspension is even stronger here. Here, the activities at issue include music, dancing, and theatrical performances. I, section 5, and the First Amendment.
Music is one of the oldest forms of human expression.
From Plato's discourse in the Republic to the totalitarian state in our own times, rulers have known its capacity to appeal to the intellect and to the emotions, and have censored musical compositions to serve the needs of the state. The Constitution prohibits any like attempts in our own legal order. Thus, the ordinance must provide that any suspension or revocation is stayed pending an opportunity for judicial review. The proposals under consideration contain various language that would either permit or require the denial or suspension of licenses if the licensee, or other persons affiliated with the business, have been convicted of violating liquor or drug laws. The Washington Supreme Court has twice struck down similar ordinances.