|
Abstract: Is a sexually titillating dance performed in a bar or in a booth at an "adult" bookstore by a totally nude woman speech protected by the First Amendment? Or is it conduct that can be banned by state or local regulation? For decades the Supreme Court avoided deciding this question. It was not until 1991, in Barnes v. Glen Theatre, Inc., that the Court finally reached the merits of the Freedom of Speech issues raised by the prohibition of nude dancing. The Court held that although totally nude dancing was expressive conduct entitled to some First Amendment protection, it could nonetheless be banned.
|