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A woman standing on a
street corner breast feeding her child may be
awarded more leniency by the law than a woman
stripping for money on the opposite corner. Many
states and commonwealths within the United States
don't have laws specifically prohibiting public
nudity. If an arrest is made of an individual or
individuals who are nude in public it's usually
under misdemeanor nuisance laws such as disturbing
the peace, impeding a public right-of-way, things
like that.
But is nudity freedom of speech and thus protected
by the First Amendment?
If the nudity is the only way to express a certain
concept or idea or viewpoint, yes, most likely it
would be considered protected speech under the
First Amendment. Or if the person "speaking" by
nudity had no other means of expression, yes, most
likely it would be considered protected speech
under the First Amendment. Factors such as the
location where the nudity took place, who
witnessed the nudity (those who expected to see
such a display or those who would have likely not
expected such a display in the given setting)
would come into play as well in a court decision,
but likely a case could be made for the viewpoint
expressed or the necessity of the method used,
that is, being nude to make one's point. |
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