Barnes v. Glen Theatre Inc. (1990)
- Docket
- 90-26
- Decided
- 1990-01-01
Summary
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 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.