Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Are you TOUGH ENOUGH for Joanna Angel? EXPO 2014, August 24-27, Mandalay Bay, Las Vegas
   
 

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!

Club Jessica Jaymes - Official Website

March 29, 2000 12:41pm
Court Limits Nude Dancing Rights
Source: AP
by: Laurie Asseo

(WASHINGTON) -- The Supreme Court made it easier for local governments to ban nude dancing, the entertainment in about 3,000 adult clubs nationwide, ruling Wednesday that a performer's freedom of expression can be restricted by forcing her to wear pasties and a G-string.

Nude dancing can be banned in an effort to combat crime and other harms that adult entertainment clubs often attract, the justices said in a splintered decision reinstating a public-nudity ordinance in Erie, Pa.

Such dancing is ``expressive conduct'' but it falls ``only within the outer ambit'' of the Constitution's First Amendment free-speech protection, Justice Sandra Day O'Connor wrote in the court's main opinion.

The ban promotes Erie's ``interest in combating the negative secondary effects associated with adult entertainment establishments,'' such as crime, and was not aimed at a dancer's erotic message, O'Connor said.

Although the court's rationale was divided, the decision is sure to have broad impact. Nude entertainment is featured in about 3,000 adult clubs nationwide, the justices were told when the case was argued in November.

``We're delighted,'' said Valerie Sprenkle, Erie's assistant city solicitor. ``We didn't ban any expression.... What's being regulated is the means of expression.''

Sprenkle said dancers at a nude dancing club in the city ``will be required to cover up to the extent required by the ordinance.''

The ruling bolsters the effect of a 1991 Supreme Court ruling that let Indiana ban all barroom-style nude dancing under a state law generally prohibiting public nudity.

That decision was badly splintered, however, and when the Pennsylvania Supreme Court struck down Erie's ordinance, it said the 1991 ruling offered little guidance.

Wednesday's ruling was divided too. The court voted 7-2 to allow bans on nude dancing but voted 6-3 to reinstate the Erie ordinance.

O'Connor said that even if the ordinance ``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 ... are free to perform wearing pasties and G-strings.''

She compared the nude-dancing ban to a prohibition on burning draft cards, which the Supreme Court upheld in 1968. In that case, the government ``sought to prevent the means of the expression and not the expression of antiwar sentiment itself,'' she said.

Most of O'Connor's opinion was joined by Chief Justice William H. Rehnquist and Justices Anthony M. Kennedy and Stephen G. Breyer.

Justices Antonin Scalia and Clarence Thomas, in a separate opinion by Scalia, voted to go further. They cited ``the traditional power of government to foster good morals.''

Justice David H. Souter wrote separately that he agreed with O'Connor's rationale, but that the city needed to provide more evidence that its ordinance was designed to deal with ``real harms.''

Justices John Paul Stevens and Ruth Bader Ginsburg dissented. Stevens wrote for the two that the court had decided for the first time that an effort to combat secondary effects such as crime ``may justify the total suppression of protected speech.''

While Souter was among the 7-2 majority in supporting a ban on nude dancing, he voted with the minority, along with Stevens and Ginsburg, against the 6-3 decision to reinstate Erie's specific ordinance.

The ordinance was ``aimed directly at the dancers in establishments such as Kandyland'' and should be held ``patently invalid,'' Stevens said.

Erie's 1994 ordinance was challenged by Nick Panos, who used to own the Kandyland nude-dancing club. He later sold the club to a new owner, Joseph Cunningham, who closed it and opened a similar club, Kandy's Dinner Theater, at a new location with a sign out front that proclaims: ``First Amendment Rights Headquarters.''

Are you TOUGH ENOUGH for Joanna Angel?

Related Stories

Casey Cumz 03

See BiBi Jones at Digital Playground

Top Stories

AINews: Skow Among Best

Heaven & Hell Halloween Party

These Things We Do ~ Reviewer Rated

Farrah Abraham at Hustler Hollywood

Sex Workshop Hustler San Diego

Halloween Art Show

O Awards Pre-Noms Open

Trophy Girl Casting Call

Cum in Me Baby 4 ~ Reviewer Rated

More Phoenix Mainstream

BoodiGo Partners PornGuardian

BoodiGo Supports ASACP

BoodiGo Blocks Child Porn

Boodigo Adult Search Engine

AVN Show Discounts End Today

Inside The Industry 10/08/2014

Amber Lynn at Wasteland

Nikki's Fit as Phoenix

Vivid Extends Patrick Hosting

Fake Test Results

Angelyne on Amber Lynn's RNSU

Red Cardinal Wraps Betrothed

Siri Wins Round 2

J.Lo Doc Johnson Offer

Stripclub Microbrewery on CNN

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Nikki Phoenix Album Released

Passport to Hustler Event

Fox News Wasteland

Asianmodelpalooza 14

Nikki Phoenix Appearances

Nikki Phoenix Karaoke XXX

Nina Elle Retains Star Factory

Tasha Reign Grads UCLA

Tera Patrick Hosts Vivid Radio

It's Just Work

Traci Bryant Goes Legal

CET Free Panel Month

Miss LA Karaoke XXX

Freedom Acres Location

Summer Lovers

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Entertainment is Entertainment is Entertainment

More
Stories From

Law & Politics

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 - 2014 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).