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PLS 460 Barnes v Glen Theatre Inc

PLS 460 Barnes v Glen Theatre Inc - a plurality opinion...

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Barnes v Glen Theatre Inc. Facts of the Case: Glen Theatre and the Kitty Kat Lounge in South Bend, Indiana, operated entertainment establishments with totally nude dancers. An Indiana law regulating public nudity required dancers to wear "pasties" and a "G-string" when they perform. The Theatre and Lounge sued to stop enforcement of the statute. Question: Does a state prohibition against complete nudity in public places violate the First Amendment's freedom of expression guarantee? Conclusion: No. The Court was fractured and there was no majority opinion. Chief Justice Rehnquist, in
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Unformatted text preview: a plurality opinion, conceded that nude dancing was a form of expressive activity. But he maintained that the public indecency statute is justified despite the incidental limitations on such expressive activity. The statute "furthers a substantial government interest in protecting order and morality." The proscription on public nudity is unrelated to the erotic message the dancers seek to convey. Decisions Decision: 5 votes for Barnes, 4 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly...
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  • Spring '10
  • Lermack
  • Supreme Court of the United States, First Amendment to the United States Constitution, Public nudity, public indecency statute, totally nude dancers, Glen Theatre Inc

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