dissenting.
The Borough of Mount Ephraim is a small borough in Camden County, N. J. It is located on the Black Horse Turnpike, the main artery connecting Atlantic City with two major cities, Camden and Philadelphia. Mount Ephraim is about 17 miles from the city of Camden and about the same distance from the river that separates New Jersey from the State of Pennsylvania.
The Black Horse Turnpike cuts through the center of Mount Ephraim. For 250 feet on either side of the turnpike, the Borough has established a commercial zone. The rest of the community is zoned for residential use, with either single- or multi-family units permitted. Most of the inhabitants of Mount Ephraim commute to either Camden or Philadelphia for work.
The residents of this small enclave chose to maintain their town as a placid, “bedroom” community of a few thousand people. To that end, they passed an admittedly broad regulation prohibiting certain forms of entertainment. Because I believe that a community of people are — within limits— masters of their own environment, I would hold that, as applied, the ordinance is valid.
At issue here is the right of a small community to ban an activity incompatible with a quiet, residential atmosphere. The Borough of Mount Ephraim did nothing more than employ traditional police power to provide a setting of tranquility. This Court has often upheld the power of a community “to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-*86balanced as well as carefully patrolled.” Berman v. Parker, 348 U. S. 26, 33 (1954). Justice Douglas, speaking for the Court, sustained the power to zone as
“ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people.” Village of Belle Terre v. Boraas, 416 U. S. 1, 9 (1979).
Here we have nothing more than a variation on that theme.
The Court depicts Mount Ephraim’s ordinance as a ban on live entertainment. But, in terms, it does not mention any kind of entertainment. As applied, it operates as a ban on nude dancing in appellants’ “adult” bookstore, and for that reason alone it is here. Thus, the issue in the case that we have before us is not whether Mount Ephraim may ban traditional live entertainment, but whether it may ban nude dancing, which is used as the “bait” to induce customers into the appellants’ bookstore. When, and if, this ordinance is used to prevent a high school performance of “The Sound of Music,” for example, the Court can deal with that problem.
An overconcern about draftsmanship and overbreadth should not be allowed to obscure the central question before us. It is clear that, in passing the ordinance challenged here, the citizens of the Borough of Mount Ephraim meant only to preserve the basic character of their community. It is just as clear that, by thrusting their live nude dancing shows on this community, the appellants alter and damage that community over its objections. As applied in this case, therefore, the ordinance speaks directly and unequivocally. It may be that, as applied in some other case, this ordinance would violate the First Amendment, but, since such a case is not before us, we should not decide it.
Even assuming that the “expression” manifested in the nude dancing that is involved here is somehow protected speech under the First Amendment, the Borough of Mount *87Ephraim is entitled to regulate it. In Young v. American Mini-Theatres, Inc., 427 U. S. 50, 62 (1972), we said:
“The mere fact that the commercial exploitation of material protected by the First Amendment is subject to zoning and other licensing requirements is not a sufficient reason for invalidating these ordinances.”
Here, as in American Mini-Theatres, the zoning ordinance imposes a minimal intrusion on genuine rights of expression; only by contortions of logic can it be made otherwise. Mount Ephraim is a small community on the periphery of two major urban centers where this kind of entertainment may be found acceptable. The fact that nude dancing has been totally banned in this community is irrelevant. “Chilling” this kind of show business in this tiny residential enclave can hardly be thought to show that the appellants’ “message” will be prohibited in nearby — and more sophisticated — cities.
The fact that a form of expression enjoys some constitutional protection does not mean that there are not times and places inappropriate for its exercise. The towns and villages of this Nation are not, and should not be, forced into a mold cast by this Court. Citizens should be free to choose to shape their community so that it embodies their conception of the “decent life.” This will sometimes mean deciding that certain forms of activity — factories, gas stations, sports stadia, bookstores, and surely live nude shows — will not be allowed. That a community is willing to tolerate such a commercial use as a convenience store, a gas station, a pharmacy, or a delicatessen does not compel it also to tolerate every other “commercial use,” including pornography peddlers and live nude shows.
In Federalist Paper No. 51, p. 160 (R. Fairfield ed. 1966), Madison observed:
“In framing a government which is to be administered by men over men, the great difficulty lies in this: you *88must first enable the government to control the governed ; and in the next place oblige it to control itself.”
This expresses the balancing indispensable in all governing, and the Bill of Rights is one of the checks to control overreaching by government. But it is a check to be exercised sparingly by federal authority over local expressions of choice going to essentially local concerns.
I am constrained to note that some of the concurring views exhibit an understandable discomfort with the idea of denying this small residential enclave the power to keep this kind of show business from its very doorsteps. The Borough of Mount Ephraim has not attempted to suppress the point of view of anyone or to stifle any category of ideas. To say that there is a First Amendment right to impose every form of expression on every community, including the kind of “expression” involved here, is sheer nonsense. To enshrine such a notion in the Constitution ignores fundamental values that the Constitution ought to protect. To invoke the First Amendment to protect the activity involved in this case trivializes and demeans that great Amendment.