Inc. Barnes v. Glen Theatre
Significance, Dissenters Vote To Uphold Nude Dancing, Nude Dancing--form Of Expression
Petitioner
Michael Barnes, Prosecuting Attorney of St. Joseph County, Indiana
Respondent
Glen Theatre, Inc.
Petitioner's Claim
Nude dancing is a form of expressive conduct that is not protected by the First Amendment.
Chief Lawyer for Petitioner
Wayne E. Uhl, Deputy Attorney General of Indiana
Chief Lawyer for Respondent
Bruce J. Ennis, Jr.
Justices for the Court
Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter
Justices Dissenting
Harry A. Blackmun, Thurgood Marshall, John Paul Stevens, Byron R. White
Place
Washington, D.C.
Date of Decision
21 June 1991
Decision
Although they were unable to agree upon an opinion, a majority of the justices upheld the constitutionality of an Indiana statute outlawing public nudity, as the law applied to nude dancing performed as entertainment.
Related Cases
- United States v. O'Brien, 391 U.S. 367 (1968).
- Paris Adult Theatre v. Slaton, 413 U.S. 49 (1973).
- Doran v. Salem, Inc., 422 U.S. 922 (1975).
- Renton v. Playtime Theatre, Inc., 475 U.S. 41 (1986).
- Bowers v. Hardwick, 478 U.S. 186 (1986).
- Dallas v. Stanglin, 490 U.S. 19 (1989).
Sources
Blasi, Vincent. Six Conservatives in Search of the First Amendment: The Revealing Case of Nude Dancing. William and Mary Law Review, Vol. 33, 1992, pp. 611-665.
Further Readings
- Hixson, Richard F. Pornography and the Justices: The Supreme Court and the Intractable Obscenity Problem. Carbondale: Southern Illinois University Press, 1996.
- Tedford, Thomas L. Freedom of Speech in the United States. New York: Random House, 1985.
- Van Alstyne, William W. Interpretations of the First Amendment. Durham, NC: Duke University Press, 1984.
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- Inc. Barnes v. Glen Theatre - Significance
- Inc. Barnes v. Glen Theatre - Dissenters Vote To Uphold Nude Dancing
- Inc. Barnes v. Glen Theatre - Nude Dancing--form Of Expression
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