Friday, November 12, 2004
A point of constitutional law discovered in my travels through the First Amendment case law:
"Nude dancing qualifies as expressive conduct that 'falls within the outer ambit of the First Amendment's protection.' City of Erie v. Pap's A.M., 529 U.S. 277, 289, 146 L. Ed. 2d 265, 120 S. Ct. 1382 (2001) (plurality opinion); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 566, 115 L. Ed. 2d 504, 111 S. Ct. 2456 (1991) [**2] ('Nude dancing . . . is expressive conduct within the outer perimeters of the First Amendment, though only . . . marginally so.')."
I can hear it now:
"She's got a really nice outer ambit . . . but only marginally so."
"Nude dancing qualifies as expressive conduct that 'falls within the outer ambit of the First Amendment's protection.' City of Erie v. Pap's A.M., 529 U.S. 277, 289, 146 L. Ed. 2d 265, 120 S. Ct. 1382 (2001) (plurality opinion); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 566, 115 L. Ed. 2d 504, 111 S. Ct. 2456 (1991) [**2] ('Nude dancing . . . is expressive conduct within the outer perimeters of the First Amendment, though only . . . marginally so.')."
I can hear it now:
"She's got a really nice outer ambit . . . but only marginally so."
