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Session 1149, Iliautes Page 13 December 20, 1976 is then speaking for the City, and speaking for the City, the question then is whether it is speaking within the law. The €''ayor said the advises the Council again to request the Acting City Attorney to research the point, and to inform the Council whether it is appropriate for the Council to act legis- latively because, the Mayor continued, even when the Council passes a Resolu- tion, it is acting legislatively. Councilman 1leissenburger quoted a statement by Oliver Wendell Holmes to the effect that the First Amendment does not give one the right to falsely yell "Fire" and ,:Mayor Kaufman explained that he is familiar with that case, and it related to an entirely different issue. There was further discussion. Mayor Itaufman cautioned again that when the Council adopts a Resolution or transmits a letter, it is speaking as the voice of the City, and not as an individual. lie stressed that the Council cannot legally and properly say that it is asking for a sense of responsibility, etc., and although it could adopt a Resolution, it is not appropriate to do so. Councilman ilooney expressed the view that while the Ilayor has raised a good point, he thinks some moral judgment that the Council might make would certain- ly be valid, and he doesn't think it is necessary to speak in the form of an ordinance. Further, Councilman Mooney contended that if the Council doesn't lead the City in expressing what it thinks is right or wrong, then the members of the Council are denying their responsibility as elected officials. Councilman Glickert concurred in this point of view, and said she certainly feels the Council has a right to speak and she would like to see a letter sent to the owners of.the Varsity Theatre and the rine Arts Theatre, expressing con- cern and asking that they adopt a more responsible form of entertainment in University City. She Moved accordingly. Councilman Lieberman suggested it might be advisable if each Council member were to do this individually - by writing their own letters to the local the- atres, so there wouldn't be a Council action until the Acting City Attorney has at least had a chance to do some research and submit his opinion. Councilman Glickert said that as she understands it, the Acting City Attorney would be researching some legislation, but what she is suggesting; is to write a letter of concern. Again Mayor Kaufman cautioned that such action would be expressing the voice of the City and this should ;got be done. Councilman Lieberman said he agrees with Councilman liooney and Councilman Glickert completely and said ta►at lie, too, had been very moved by some of the remarks made by the reverend Jackson. Ile commented that unfortunately the news media is guided by profit, but the Council must be guided by the First Amendment. Mayor Kaufman responded that the movies must respect the First Amendment, and they have lawyers advising them; if they overstep those bounds they can be hauled into a court, but he doesn't think the Council can sit here and become the moral forces of these communities. €€e observed that each individual must make his own judgment as to ghat is wrong or right - whether lie wants to view things or doesn't want to view things. He said the Council doesn't know who the person or the group is that gave these particular movies an x-Fzating, but notwithstanding there is a desire on the part of some members of the Council to move ahead. He said if the Council cants to promote a Resolution, it may