Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
EXPO 2015, August 23-26, New Orleans
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Brea Bennett at Twistys

March 29, 2000 10:17am
U.S. Supreme Court Upholds Ban on Nude Dancing
Source: Reuters
by: James Vicini

(WASHINGTON) -- Nude dancing lost at the U.S. Supreme Court on Wednesday.

Nine years after its last ruling on nude dancing, the nation's highest court decided that erotic entertainment performed without any clothes deserved only limited freedom-of-expression protections under the U.S. Constitution.

The justices by a 6-3 vote upheld a law adopted by Erie, Pennsylvania, that made it a crime to appear nude in public places, including ``taverns, restaurants, clubs, theaters, dance halls, banquet halls or halls limited to specific members.''

The ban on nude dancing forced the dancers to perform their erotic entertainment wearing pasties and G-strings.

The decision could have broad impact, allowing other cities to ban erotic entertainers from appearing topless and bottomless in the estimated 3,000 adult entertainment clubs in the United States.

Justice Sandra Day O'Connor said in the court's main opinion that the type of nude dancing at issue was expressive conduct that falls within the outer reaches of the Constitution's First Amendment's protections.

She described the law as a general prohibition on nudity. ''It bans all public nudity, regardless of whether that nudity is accompanied by expressive activity,'' said O'Connor, one of two females justices.

Even if Erie's public nudity ban ``has some minimal effect on the erotic message by muting that portion of the expression that occurs when the last stitch is dropped,'' the dancers still can perform wearing pasties and G-strings, she said.

The law ``regulates conduct, not speech,'' O'Connor said.

Harmful Secondary Effects

She said one purpose of the law was to combat the harmful secondary effects associated with nude dancing, such as crime and threats to public health and safety.

The justices reversed a ruling by the Pennsylvania Supreme Court striking down the ordinance for unconstitutionally burdening free expression.

The law had been challenged in court by Pap's A.M., owner of a nude dancing establishment called Kandyland. Critics had said the law was adopted for the sole purpose of outlawing nude dancing.

O'Connor said the case was not moot or irrelevant even though Kandyland's owner has sold the property, closed the club and has no plans to get back in the adult entertainment business.

The main part of O'Connor opinion was joined by Chief Justice William Rehnquist and Justices Anthony Kennedy and Stephen Breyer.

Justices Antonin Scalia and Clarence Thomas agreed that the law should be upheld, but cited different reasons.

``The traditional power of government to foster good morals and the acceptability of the traditional judgement ... that nude public dancing itself is immoral have not been repealed by the First Amendment,'' Scalia wrote.

Justice David Souter in a separate opinion said he agreed with the court's analytical approach, but dissented on the grounds that Erie had failed to show the law was reasonably designed to counter ``real harms.''

Justice John Paul Stevens, joined by Justice Ruth Bader Ginsburg, dissented, describing the ordinance's ban as ''censorship of protected speech.''

He added, ``Far more important that the question whether nude dancing is entitled to the protection of the First Amendment are the dramatic changes in legal doctrine that the court endorses today.''

In its 1991 ruling, the Supreme Court said nude dancers can be prosecuted under public indecency laws, and that nude dancing falls ``within the outer perimeters of the First Amendment.''


Related Stories

RavenBay01.3gp

See BiBi Jones at Digital Playground

Top Stories

MWA: 05/22/15

Amateur Allure New Lines

Sin Claire with Foxxx

Adult's Achilles Heel

AHF's Hidden Agenda

New Smash VP Wyatt Case

Ink Inks OC, The Rub

National Porn Star Day

Pistol, Ross Talk Condoms

XXX Casting Call

Direct Reps Harper

AJ Applegate Available

Emma Marx: Boundaries ~ Reviewer Rated

Strippers Ready for Baseball

MWA: 05/04/15

RAW Signs Sasha Bradshaw

Modern Comstockery

Nikki Phoenix Appearance

Karaoke XXX Needs New Location

Jane & Ward Hosting XRCO

SashaBrabuster's XXX Comeback

Control ~ Reviewer Rated

XRCO 2015 Nominees

A Leaner Message

MWA: 02/26/15

50 Shades of Grey ~ Cinema Seen

XRCO 2015 Hall of Fame

Interview with Ela Darling

Derrick Pierce Interview

The News Rack: Naked Swingers

MWA: 02/07/15

Interview of Holly Heart

ED Expo to Big Easy

More
Stories From

Law & Politics

Adult's Achilles Heel

AHF's Hidden Agenda

Pistol, Ross Talk Condoms

Modern Comstockery

Hof on Phoenix Hooker Bust

Cal/OSHA vs Evil Angel

Pornstar Graduates Law School

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit

ASACP at XBIZ 360

Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Mo Reese FSC Nom

Amber Lynn Seeks FSC Board

Suit Against Measure B

Law Puts Con in Condom

No on B: Here's Why

NO on B Campaign

NO on B Bus Tour

GFY: Vote No on B

Margold on Erection Election

Alex Chance in Documentary

Yahshua: No On B

No On 35 Rally

Why No On B

Measure B Threatens Freedom

Measure B Protest Video

No On B Raffle

Alia Janine: No On B

AHF Vilifies Porn

No on B Event

Alia Janine Against Measure B

Fight Measure B

Takedown Piracy Removes 10,000,000

John Stagliano Keynotes CatalystCon

Hirsch Blasts Trueman

Hirsch Cautions GOP

LATATA Files Injunction

Child Porn Hotline Increased

Vette Scores on AFF

Nicole Houde Assault Arrest

YouJizz Sued

Dickinson Defends Travolta

Kardashian/Humphries Divorce Deposition

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

     
Copyright © 1998 - 2015 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).