barnes
glen
theatre
argued
january
decided
june
respondents
two
indiana
establishments
wishing
provide
totally
nude
dancing
entertainment
individual
dancers
employed
establishments
brought
suit
district
enjoin
enforcement
state
public
indecency
law
requires
respondent
dancers
wear
pasties
asserting
law
prohibition
total
nudity
public
places
violates
first
amendment
held
nude
dancing
involved
expressive
conduct
appeals
reversed
ruling
nonobscene
nude
dancing
performed
entertainment
protected
expression
statute
improper
infringement
activity
purpose
prevent
message
eroticism
sexuality
conveyed
dancers
held
judgment
reversed
reversed
chief
justice
joined
justice
justice
kennedy
concluded
enforcement
indiana
public
indecency
law
prevent
totally
nude
dancing
violate
first
amendment
guarantee
freedom
expression
pp
nude
dancing
kind
sought
performed
expressive
conduct
within
outer
perimeters
first
amendment
although
marginally
see
doran
salem
inn
pp
applying
test
rejected
contention
symbolic
speech
entitled
full
first
amendment
protection
statute
justified
despite
incidental
limitations
expressive
activity
law
clearly
within
state
constitutional
power
furthers
substantial
governmental
interest
protecting
societal
order
morality
public
indecency
statutes
reflect
moral
disapproval
people
appearing
nude
among
strangers
public
places
particular
law
follows
line
state
laws
dating
back
banning
public
nudity
traditional
police
power
defined
authority
provide
public
health
safety
morals
basis
legislation
upheld
see
paris
adult
theatre
slaton
governmental
interest
unrelated
suppression
free
expression
since
public
nudity
evil
state
seeks
prevent
whether
combined
expressive
activity
law
proscribe
nudity
establishments
dancers
conveying
erotic
message
contrary
erotic
performance
may
presented
without
state
interference
long
performers
wear
scant
amount
clothing
finally
incidental
restriction
first
amendment
freedom
greater
essential
furtherance
governmental
interest
since
statutory
prohibition
means
greater
end
end
without
cavil
statute
narrowly
tailored
pp
justice
scalia
concluded
statute
general
law
regulating
conduct
specifically
directed
expression
either
practice
face
subject
normal
first
amendment
scrutiny
upheld
ground
moral
opposition
nudity
supplies
rational
basis
prohibition
cf
employment
division
oregon
dept
human
resources
smith
intermediate
level
scrutiny
requiring
incidental
restriction
expression
involved
justified
important
substantial
governmental
interest
pp
justice
souter
agreeing
nude
dancing
issue
subject
degree
first
amendment
protection
test
appropriate
analysis
determine
actual
protection
required
concluded
state
interest
preventing
secondary
effects
adult
entertainment
establishments
prostitution
sexual
assaults
criminal
activity
sufficient
justify
law
enforcement
nude
dancing
prevention
effects
clearly
falls
within
state
constitutional
power
addition
asserted
interest
plainly
substantial
state
concluded
furthered
prohibition
nude
dancing
even
without
localized
proof
harmful
effects
see
renton
playtime
theatres
moreover
interest
unrelated
suppression
free
expression
since
pernicious
effects
merely
associated
nude
dancing
establishments
result
expression
inherent
nude
dancing
finally
restriction
greater
essential
governmental
interest
since
pasties
moderate
expression
minor
degree
measured
dancer
remaining
capacity
opportunity
express
erotic
message
pp
wayne
uhl
deputy
attorney
general
indiana
argued
cause
petitioners
briefs
linley
pearson
attorney
general
bruce
ennis
argued
cause
respondents
lee
klein
bradley
shafer
filed
brief
respondents
glen
theatre
et
al
patrick
louis
baude
charles
asher
filed
brief
respondents
darlene
miller
et
al
briefs
amici
curiae
urging
reversal
filed
state
arizona
et
al
robert
corbin
attorney
general
arizona
steven
twist
chief
assistant
attorney
general
clarine
nardi
riddle
attorney
general
connecticut
john
kelly
chief
state
attorney
william
webster
attorney
general
missouri
lacy
thornburg
attorney
general
north
carolina
rosalie
simmonds
ballentine
acting
attorney
general
virgin
islands
american
family
association
et
al
alan
sears
james
mueller
peggy
coleman
national
governors
association
et
al
benna
ruth
solomon
peter
buscemi
brief
amici
curiae
urging
affirmance
filed
american
civil
liberties
union
et
al
spencer
neth
thomas
buckley
steven
sharpiro
john
powell
georgia
premise
lounage
association
james
walrath
people
american
way
et
al
timothy
dyk
robert
klonoff
patricia
dunn
elliot
mincberg
stephen
rohde
mary
dorman
james
clancy
filed
brief
pro
se
amicus
curiae
chief
justice
rehnquist
announced
judgment
delivered
opinion
justice
justice
kennedy
join
respondents
two
establishments
south
bend
indiana
wish
provide
totally
nude
dancing
entertainment
individual
dancers
employed
establishments
claim
first
amendment
guarantee
freedom
expression
prevents
state
indiana
enforcing
public
indecency
law
prevent
form
dancing
reject
claim
facts
appear
pleadings
findings
district
uncontested
kitty
kat
lounge
kitty
kat
located
city
south
bend
sells
alcoholic
beverages
presents
dancing
proprietor
desires
present
totally
nude
dancing
applicable
indiana
statute
regulating
public
nudity
requires
dancers
wear
pasties
dance
dancers
paid
hourly
wage
work
commission
receive
percent
commission
first
drink
sales
performances
darlene
miller
one
respondents
action
worked
kitty
kat
two
years
time
action
brought
miller
wishes
dance
nude
believes
make
money
respondent
glen
theatre
indiana
corporation
place
business
south
bend
primary
business
supplying
adult
entertainment
written
printed
materials
movie
showings
live
entertainment
enclosed
bookstore
live
entertainment
bookstore
consists
nude
seminude
performances
showings
female
body
glass
panels
customers
sit
booth
insert
coins
timing
mechanism
permits
observe
live
nude
seminude
dancers
period
time
one
glen
theatre
dancers
gayle
ann
marie
sutro
danced
modeled
acted
professionally
years
addition
performances
glen
theatre
seen
pornographic
movie
nearby
theater
app
pet
cert
respondents
sued
district
northern
district
indiana
enjoin
enforcement
indiana
public
indecency
statute
asserting
prohibition
complete
nudity
public
places
violated
first
amendment
district
originally
granted
respondents
prayer
injunction
finding
statute
facially
overbroad
appeals
seventh
circuit
reversed
deciding
previous
litigation
respect
statute
indiana
precluded
possibility
challenge
remanded
district
order
plaintiffs
pursue
claim
statute
violated
first
amendment
applied
dancing
glen
theatre
pearson
remand
district
concluded
type
dancing
plaintiffs
wish
perform
expressive
activity
protected
constitution
rendered
judgment
favor
defendants
glen
theatre
civil
city
south
bend
case
appealed
seventh
circuit
panel
reversed
district
holding
nude
dancing
involved
expressive
conduct
protected
first
amendment
miller
civil
city
south
bend
appeals
heard
case
en
banc
rendered
series
comprehensive
thoughtful
opinions
majority
concluded
nonobscene
nude
dancing
performed
entertainment
expression
protected
first
amendment
public
indecency
statute
improper
infringement
expressive
activity
purpose
prevent
message
eroticism
sexuality
conveyed
dancers
miller
civil
city
south
bend
granted
certiorari
hold
indiana
statutory
requirement
dancers
establishments
involved
case
must
wear
pasties
violate
first
amendment
several
cases
contain
language
suggesting
nude
dancing
kind
involved
expressive
conduct
protected
first
amendment
doran
salem
inn
said
lthough
customary
barroom
type
nude
dancing
may
involve
barest
minimum
protected
expression
recognized
california
larue
form
entertainment
might
entitled
first
fourteenth
amendment
protection
circumstances
schad
borough
mount
ephraim
said
urthermore
state
courts
case
recognized
nude
dancing
without
first
amendment
protections
official
regulation
citations
omitted
statements
support
conclusion
appeals
nude
dancing
kind
sought
performed
expressive
conduct
within
outer
perimeters
first
amendment
though
view
marginally
course
end
inquiry
must
determine
level
protection
afforded
expressive
conduct
issue
must
determine
whether
indiana
statute
impermissible
infringement
protected
activity
indiana
course
banned
nude
dancing
proscribed
public
nudity
across
board
indiana
construed
indiana
statute
preclude
nudity
essentially
places
public
accommodation
glen
theatre
kitty
kat
lounge
places
respondents
point
minors
excluded
nonconsenting
viewers
respondents
contend
state
may
license
establishments
ones
involved
limit
geographical
area
business
may
way
limit
performance
dances
within
without
violating
first
amendment
petitioner
contends
hand
indiana
restriction
nude
dancing
valid
time
place
manner
restriction
cases
clark
community
creative
time
place
manner
test
developed
evaluating
restrictions
expression
taking
place
public
property
dedicated
public
forum
ward
rock
racism
although
least
one
occasion
applied
conduct
occurring
private
property
see
renton
playtime
theatres
clark
observed
test
interpreted
embody
much
standards
set
forth
turn
therefore
rule
enunciated
burned
draft
card
steps
south
boston
courthouse
presence
sizable
crowd
convicted
violating
statute
prohibited
knowing
destruction
mutilation
card
claimed
conviction
contrary
first
amendment
act
symbolic
speech
expressive
conduct
rejected
contention
symbolic
speech
entitled
full
first
amendment
protection
saying
ven
assumption
alleged
communicative
element
conduct
sufficient
bring
play
first
amendment
necessarily
follow
destruction
registration
certificate
constitutionally
protected
activity
held
speech
nonspeech
elements
combined
course
conduct
sufficiently
important
governmental
interest
regulating
nonspeech
element
justify
incidental
limitations
first
amendment
freedoms
characterize
quality
governmental
interest
must
appear
employed
variety
descriptive
terms
compelling
substantial
subordinating
paramount
cogent
strong
whatever
imprecision
inheres
terms
think
clear
government
regulation
sufficiently
justified
within
constitutional
power
government
furthers
important
substantial
governmental
interest
governmental
interest
unrelated
suppression
free
expression
incidental
restriction
alleged
first
amendment
freedoms
greater
essential
furtherance
interest
footnotes
omitted
public
indecency
statute
follows
long
line
earlier
indiana
statutes
banning
public
nudity
history
indiana
public
indecency
statute
shows
predates
barroom
nude
dancing
enacted
general
prohibition
least
early
indiana
statute
punishing
open
notorious
lewdness
grossly
scandalous
public
indecency
rev
laws
ch
ind
rev
ch
gap
statute
effect
filled
indiana
ardery
state
ind
held
sustain
conviction
exhibition
privates
presence
others
traced
offense
bible
story
adam
eve
statute
enacted
remain
essentially
unchanged
nearly
century
whoever
fourteen
years
age
makes
indecent
exposure
person
public
place
place
persons
offended
annoyed
thereby
guilty
public
indecency
ch
language
quoted
remained
unchanged
simultaneously
repealed
replaced
present
statute
ind
acts
art
ch
deciding
roth
implicitly
accepted
legislature
legitimately
act
conclusion
protect
social
interest
order
morality
id
emphasis
omitted
law
however
constantly
based
notions
morality
laws
representing
essentially
moral
choices
invalidated
due
process
clause
courts
busy
indeed
interest
unrelated
suppression
free
expression
may
view
restricting
nudity
moral
grounds
necessarily
related
expression
disagree
argued
course
almost
limitless
types
conduct
including
appearing
nude
public
expressive
one
sense
word
true
people
go
nude
public
may
expressing
something
rejected
expansive
notion
expressive
conduct
saying
accept
view
apparently
limitless
variety
conduct
labelled
speech
whenever
person
engaging
conduct
intends
thereby
express
idea
possible
find
kernel
expression
almost
every
activity
person
undertakes
example
walking
street
meeting
one
friends
shopping
mall
kernel
sufficient
bring
activity
within
protection
first
amendment
think
activity
patrons
coming
together
engage
recreational
dancing
protected
first
amendment
think
indiana
applies
statute
nude
dancing
nightclubs
proscribing
nudity
erotic
message
conveyed
dancers
presumably
numerous
erotic
performances
presented
establishments
similar
clubs
without
interference
state
long
performers
wear
scant
amount
clothing
likewise
requirement
dancers
pasties
deprive
dance
whatever
erotic
message
conveys
simply
makes
message
slightly
less
graphic
perceived
evil
indiana
seeks
address
erotic
dancing
public
nudity
appearance
people
shapes
sizes
ages
nude
beach
example
convey
little
erotic
message
yet
state
still
seeks
prevent
public
nudity
evil
state
seeks
prevent
whether
combined
expressive
activity
conclusion
buttressed
reference
facts
act
congress
provided
anyone
knowingly
destroyed
selective
service
registration
certificate
committed
offense
burned
certificate
steps
south
boston
courthouse
influence
others
adopt
beliefs
upheld
conviction
reasoning
continued
availability
issued
certificates
served
legitimate
substantial
purpose
administration
selective
service
system
deliberate
destruction
certificate
frustrated
purpose
noncommunicative
aspect
conduct
nothing
else
convicted
assumed
act
burning
certificate
communicative
element
sufficient
bring
play
first
amendment
noncommunicative
element
prosecuted
indiana
statute
dancing
applied
communicative
element
dancing
prohibited
simply
done
nude
fourth
part
test
requires
incidental
restriction
first
amendment
freedom
greater
essential
furtherance
governmental
interest
indicated
discussion
governmental
interest
served
text
prohibition
societal
disapproval
nudity
public
places
among
strangers
statutory
prohibition
means
greater
end
end
without
cavil
public
indecency
statute
narrowly
tailored
indiana
requirement
dancers
wear
least
pasties
modest
bare
minimum
necessary
achieve
state
purpose
judgment
appeals
accordingly
reversed
footnotes
right
appear
nude
public
rather
may
constitutionally
required
tolerate
allow
nudity
part
larger
form
expression
meriting
protection
communication
ideas
involved
state
baysinger
ind
emphasis
added
appeals
dism
sub
nom
clark
indiana
dove
indiana
indiana
code
provides
public
indecency
indecent
exposure
sec
person
knowingly
intentionally
public
place
engages
sexual
intercourse
engages
deviate
sexual
conduct
appears
state
nudity
fondles
genitals
another
person
commits
public
indecency
class
misdemeanor
nudity
means
showing
human
male
female
genitals
pubic
area
buttocks
less
fully
opaque
covering
showing
female
breast
less
fully
opaque
covering
part
nipple
showing
covered
male
genitals
discernibly
turgid
state
agree
judgment
appeals
must
reversed
view
however
challenged
regulation
must
upheld
survives
lower
level
scrutiny
general
law
regulating
conduct
specifically
directed
expression
subject
scrutiny
indiana
public
indecency
statute
provides
person
knowingly
intentionally
public
place
engages
sexual
intercourse
engages
deviate
sexual
conduct
appears
state
nudity
fondles
genitals
another
person
commits
public
indecency
class
misdemeanor
face
law
directed
expression
particular
judge
easterbrook
put
dissent
indiana
regulate
dancing
regulates
public
nudity
almost
entire
domain
indiana
statute
unrelated
expression
unless
view
nude
beaches
topless
hot
dog
vendors
speech
miller
civil
city
south
bend
easterbrook
dissenting
intent
convey
message
eroticism
message
necessary
element
statutory
offense
public
indecency
one
commit
statutory
offense
conveying
explicit
message
eroticism
long
commit
four
specified
acts
process
indiana
statute
line
long
tradition
laws
public
nudity
never
thought
run
afoul
traditional
understanding
freedom
speech
public
indecency
including
public
nudity
long
offense
common
law
see
winters
new
york
indiana
first
public
nudity
statute
rev
laws
indiana
ch
predated
many
years
appearance
nude
barroom
dancing
general
scope
directed
public
nudity
public
nude
expression
succeeding
statutes
present
one
case
indiana
practice
targeted
expressive
nudity
turning
blind
eye
nude
beaches
unclothed
purveyors
hot
dogs
machine
tools
see
miller
might
said
posed
regulation
conduct
general
reality
regulation
communicative
conduct
respondents
adduced
evidence
indiana
officials
brought
many
public
indecency
prosecutions
activities
communicative
element
see
bond
state
ind
levinson
ind
preston
state
ind
thomas
state
ind
blanton
state
sweeney
state
thompson
state
adims
state
ind
app
state
elliott
ind
app
lasko
state
ind
app
dissent
confidently
asserts
post
purpose
restricting
nudity
public
places
general
protect
nonconsenting
parties
offense
argues
since
consenting
patrons
see
respondents
dance
purpose
apply
remaining
purpose
must
relate
communicative
elements
performance
perhaps
dissenters
believe
offense
others
reason
restricting
nudity
public
places
generally
basis
thinking
society
ever
shared
thoreauvian
beau
ideal
much
less
thinking
written
constitution
purpose
indiana
nudity
law
violated
think
fully
consenting
adults
crowded
hoosierdome
display
genitals
one
another
even
offended
innocent
crowd
society
prohibits
human
societies
prohibited
certain
activities
harm
others
considered
traditional
phrase
contra
bonos
mores
immoral
american
society
prohibitions
included
example
sadomasochism
cockfighting
bestiality
suicide
drug
use
prostitution
sodomy
may
great
diversity
view
whether
various
prohibitions
exist
though
found
ready
abandon
principle
doubt
absent
specific
constitutional
protection
conduct
involved
constitution
prohibit
simply
regulate
morality
see
bowers
hardwick
upholding
prohibition
private
homosexual
sodomy
enacted
solely
presumed
belief
majority
electorate
jurisdiction
homosexual
sodomy
immoral
unacceptable
see
also
paris
adult
theatre
slaton
dronenburg
zech
app
opinion
bork
purpose
indiana
statute
text
manner
enforcement
demonstrate
enforce
traditional
moral
belief
people
expose
private
parts
indiscriminately
regardless
whether
see
disedified
since
dissent
basis
positing
thoroughly
edified
adults
present
purpose
must
repression
communication
ii
since
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regulation
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law
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amendment
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york
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free
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employment
division
oregon
dept
human
resources
smith
held
general
laws
specifically
targeted
religious
practices
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people
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lyng
northwest
indian
cemetery
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also
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frankfurter
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young
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higher
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young
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white
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blackmun
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seventh
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miller
civil
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indiana
statute
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legislature
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enacted
indiana
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clear
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history
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bowers
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regardless
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home
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case
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cases
like
employment
division
oregon
dept
human
resources
smith
though
applicable
involve
claim
peyote
users
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justice
scalia
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indiana
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tenable
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stanley
georgia
held
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mere
possession
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attorney
general
indiana
state
baysinger
ind
indiana
held
statute
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prohibit
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protection
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plays
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arrests
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part
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ballet
app
affidavit
sgt
timothy
corbett
thus
indiana
statute
general
prohibition
type
upheld
prior
cases
result
justice
scalia
simple
references
state
general
interest
promoting
societal
order
morality
sufficient
justification
statute
concededly
reaches
significant
amount
protected
expressive
activity
instead
applying
test
obligated
carefully
examine
reasons
state
chosen
regulate
expressive
conduct
less
general
statute
words
state
enacts
law
draws
line
expressive
conduct
regulated
nonexpressive
conduct
type
regulated
places
burden
state
justify
distinctions
made
closer
inquiry
purpose
statute
surely
appropriate
legislators
randomly
select
certain
conduct
proscription
reasons
reasons
illuminate
purpose
law
passed
indeed
law
may
multiple
purposes
purpose
forbidding
people
appear
nude
parks
beaches
hot
dog
stands
like
public
places
protect
others
offense
possibly
purpose
preventing
nude
dancing
theaters
barrooms
since
viewers
exclusively
consenting
adults
pay
money
see
dances
purpose
proscription
contexts
protect
viewers
state
believes
harmful
message
nude
dancing
communicates
clark
community
creative
help
state
clark
damage
parks
whether
sleepers
camping
fun
fact
homeless
wished
sleeping
park
make
symbolic
statement
behalf
homeless
posner
concurring
said
case
perceived
damage
public
interest
caused
appearing
nude
streets
parks
said
state
seeks
avoid
preventing
nude
dancing
theaters
taverns
perceived
harm
communicative
aspect
erotic
dance
state
tells
us
justice
souter
agrees
state
goal
applying
describes
statute
nude
dancing
case
deterrence
prostitution
sexual
assaults
criminal
activity
degradation
women
activities
break
family
structure
reply
brief
petitioners
attainment
goals
however
depends
preventing
expressive
activity
plurality
nevertheless
holds
third
requirement
test
governmental
interest
unrelated
suppression
free
expression
satisfied
applying
statute
nude
dancing
state
proscribing
nudity
erotic
message
conveyed
dancers
ante
plurality
suggests
state
ban
dancing
sends
erotic
message
nude
erotic
dancing
forbidden
perceived
evil
erotic
dancing
public
nudity
may
prohibited
despite
incidental
impact
expressive
activity
analysis
transparently
erroneous
arriving
conclusion
concedes
nude
dancing
conveys
erotic
message
concedes
message
muted
dancers
wore
pasties
indeed
emotional
erotic
impact
dance
intensified
nudity
performers
judge
posner
argued
thoughtful
concurring
opinion
appeals
nudity
dancer
integral
part
emotions
thoughts
nude
dancing
performance
evokes
sight
fully
clothed
even
partially
clothed
dancer
generally
far
different
impact
spectator
nude
dancer
even
dance
performed
nudity
expressive
component
dance
merely
incidental
conduct
previously
pointed
udity
alone
place
otherwise
protected
material
outside
mantle
first
amendment
schad
mt
ephraim
case
statutory
prohibition
unrelated
expressive
conduct
since
state
permits
dancers
perform
wear
pasties
forbids
nude
dancing
precisely
distinctive
expressive
content
nude
dancing
performances
issue
case
state
seeks
apply
statutory
prohibition
nude
dancing
performances
may
generate
emotions
feelings
eroticism
sensuality
among
spectators
state
seeks
regulate
expressive
activity
apparently
assumption
creating
emphasizing
thoughts
ideas
minds
spectators
may
lead
increased
prostitution
degradation
women
generating
thoughts
ideas
emotions
essence
communication
nudity
element
nude
dancing
performances
neatly
pigeonholed
mere
conduct
independent
expressive
component
dance
fact
dictates
level
first
amendment
protection
accorded
performances
issue
texas
johnson
observed
whether
johnson
treatment
flag
violated
texas
law
thus
depended
likely
communicative
impact
expressive
conduct
must
therefore
subject
state
asserted
interest
preserving
special
symbolic
character
flag
exacting
scrutiny
boos
barry
restrictions
upheld
narrowly
drawn
accomplish
compelling
governmental
interest
grace
sable
communications
california
fcc
nothing
clearer
cases
performances
kitty
kat
lounge
may
high
art
say
least
may
appeal
hardly
excuse
distorting
ignoring
settled
doctrine
plurality
assessment
artistic
merits
nude
dancing
performances
determining
factor
deciding
case
words
justice
harlan
largely
governmental
officials
make
principled
decisions
area
constitution
leaves
matters
taste
style
largely
individual
cohen
california
hile
entertainment
afforded
nude
ballet
lincoln
center
pay
price
may
differ
vastly
content
viewed
judges
quality
viewed
critics
may
differ
substance
dance
viewed
person
wants
entertainment
beer
shot
rye
salem
inn
frank
aff
part
doran
salem
inn
plurality
justice
souter
go
beyond
saying
state
interests
asserted
important
substantial
even
compelling
interests
indiana
statute
narrowly
drawn
state
genuinely
concerned
prostitution
associated
evils
justice
souter
seems
think
type
conduct
occurring
california
larue
adopt
restrictions
interfere
expressiveness
nonobscene
nude
dancing
performances
instance
state
perhaps
require
performing
nude
performers
remain
times
certain
minimum
distance
spectators
nude
entertainment
limited
certain
hours
even
establishments
providing
entertainment
dispersed
throughout
city
cf
renton
playtime
theatres
likewise
state
clearly
authority
criminalize
prostitution
obscene
behavior
banning
entire
category
expressive
activity
however
generally
satisfy
narrow
tailoring
requirement
strict
first
amendment
scrutiny
see
frisby
schultz
furthermore
nude
dancing
barrooms
compared
establishments
worrisome
problem
state
invoke
amendment
powers
impose
appropriate
regulation
new
york
state
liquor
authority
bellanca
per
curiam
california
larue
supra
see
cases
require
us
affirm
absent
compelling
state
interest
supporting
statute
neither
state
suggest
statute
withstand
scrutiny
standard
justice
scalia
views
similar
suffer
defects
justice
asserts
general
law
barring
specified
conduct
implicate
first
amendment
unless
purpose
law
suppress
expressive
quality
forbidden
conduct
absent
purpose
first
amendment
protections
triggered
simply
incidental
effect
law
proscribe
conduct
unquestionably
expressive
cf
community
creative
watt
app
scalia
dissenting
application
justice
proposition
case
simple
state
statute
issue
general
law
banning
nude
appearances
public
places
including
barrooms
theaters
showing
purpose
general
law
regulate
expressive
conduct
hence
first
amendment
irrelevant
nude
dancing
theaters
barrooms
may
forbidden
irrespective
expressiveness
dancing
pointed
however
premise
justice
position
statute
general
law
type
cases
contemplate
nonexistent
case
reference
justice
scalia
hypothetical
makes
clear
agree
justice
scalia
indiana
statute
permit
consenting
hoosiers
expose
hoosierdome
one
doubt
however
hoosiers
perfectly
free
drive
respective
homes
across
indiana
parade
around
cavort
revel
nude
hours
front
relatives
friends
difficult
see
state
interest
morality
less
situation
especially
justice
scalia
seems
suggest
nudity
inherently
evil
clearly
statute
reach
activity
pointed
earlier
state
failure
enact
truly
general
proscription
requires
closer
scrutiny
reasons
distinctions
state
drawn
see
supra
explained
previously
purpose
applying
law
nude
dancing
performances
respondents
establishments
prevent
customers
exposed
distinctive
communicative
aspects
nude
dancing
case
justice
scalia
observation
fully
applicable
government
prohibits
conduct
precisely
communicative
attributes
hold
regulation
unconstitutional
ante
decision
help
justice
scalia
indeed
position
like
eviscerate
test
employment
division
oregon
dept
human
resources
smith
likewise
point
indiana
law
applied
nude
dancing
targets
expressive
activity
indiana
nudity
dancing
performance
crime
message
dancing
communicates
smith
use
drugs
criminal
use
part
occurred
within
course
otherwise
protected
religious
ceremony
general
law
made
supported
interests
religious
context
others
accordingly
affirm
judgment
appeals
dissent
judgment
justice
scalia
suggests
performance
dancing
inherently
expressive
activity
see
ante
appeals
better
view
dance
defined
art
moving
body
rhythmical
way
usually
music
express
emotion
idea
narrate
story
simply
take
delight
movement
new
encyclopedia
britannica
inherently
communication
emotion
ideas
root
varied
manifestations
dancing
lies
common
impulse
resort
movement
externalise
externalise
rational
means
basic
dance
martin
introduction
dance
aristotle
recognized
poetics
purpose
dance
represent
men
character
well
suffer
raw
communicative
power
dance
noted
french
poet
stephane
mallarme
declared
dancer
writing
body
suggests
things
written
work
express
several
paragraphs
dialogue
descriptive
prose
justice
scalia
cites
dallas
stanglin
decision
dealt
social
dancing
performance
dancing
submission
case
rejected
social
dancing
expressive
activity
plaintiff
associational
rights
violated
restricting
admission
dance
halls
basis
age
justice
also
asserts
even
dancing
inherently
expressive
nudity
statement
may
true
tells
us
nothing
dancing
nude
justice
souter
agrees
third
requirement
test
satisfied
certain
causal
connection
message
conveyed
nude
dancing
evils
state
seeking
prevent
see
ante
justice
souter
analysis
least
flawed
justice
souter
correct
causal
connection
message
conveyed
nude
dancing
issue
negative
secondary
effects
state
desires
regulate
state
even
rational
basis
absolute
prohibition
nude
dancing
admittedly
expressive
furthermore
real
problem
concentration
crowds
men
predisposed
designated
evils
ante
first
amendment
requires
state
address
problem
fashion
include
banning
entire
category
expressive
activity
see
renton
playtime
theatres