While reaffirming that nude dancing is expressive conduct protected by the First Amendment, the Supreme Court nevertheless upheld a state’s general ban on complete nudity in public places.
In Schad v. Borough of Mount Ephraim
Although the Court upheld the law by a 5-4 majority, Chief Justice William H. Rehnquist
Justice Byron R. White’s dissent argued that the very purpose of the law was to prohibit the expression of a nonobscene erotic message; therefore, the law should be scrutinized with the compelling state interest test.
Argersinger v. Hamlin
O’Brien, United States v.
Obscenity and pornography
Speech and press, freedom of