Civil liberties campaigners are preparing to legally fight San Francisco's ban on public nudity. Does the US Constitution guarantee the right to walk the streets naked? No sooner had San Francisco's lawmakers voted to ban nakedness in public places than a lawsuit was filed. It argued that the free speech of nudists was being restricted.
City of Erie v. Pap's A. M. - Wikipedia
Public and school officials, organizations, and individuals alike have taken action to remove such arguably offensive art from public galleries, theaters, and other venues. The U. Supreme Court has left the ultimate determination of what constitutes offensive material to juries. However, the Court is also cognizant of prior restraints, which are considered to be the quintessential violation of the First Amendment. Courts are suspicious of prior restraints even in instances where courts would uphold post-publication or performance punishment. This is because prior restraints are seen as the government acting as a censor and preventing speech from entering the marketplace of ideas in the first place. However, courts, including the Supreme Court, have carved out exceptions to this concept, but such exceptions vary from court to court.
The First Amendment Encyclopedia
Barnes v. Glen Theatre, Inc. Supreme Court concerning the First Amendment and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity , even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society.
The erotic play has several scenes in which performers appear nude. AP Photo, used with permission from the Associated Press. According to the Supreme Court, nude dancing — when performed before an audience with the purpose of conveying feelings of eroticism to spectators — qualifies as a form of expressive conduct that triggers First Amendment review. The Court first hinted that nude dancing might be entitled to First Amendment protection in California v. LaRue