Congressional Digest

Supreme Court Debates January 2000 No. 1 Vol. 3
Foreword

Decency and Community Values

Defining First Amendment Protection of Nude Dancing

Foreword

The First Amendment guarantees protection of an individual’s freedom of expression. But does it cover the activities that take place inside the over 3,000 strip clubs in operation in the United States? In 1991, the U.S. Supreme Court considered such an issue, and the resulting ruling was far from decisive.The case was Barnes v. Glen Theatre, Inc., which involved the constitutionality of an Indiana State statute prohibiting public nudity, including nude dancing in adult clubs. While eight members of the Court determined that this type of entertainment was within the "outer perimeters" of the First Amendment, a 5-to-4 majority of…

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