Sammy's v. City of Mobile

Attorneys for Sammy's argued that the Mobile ordinance banning topless dancing in places that sold liquor was invalid for a number of reasons. Primarily, it asserted that it was in conflict with the Free Speech Clause of First Amendment, which holds:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

In other words, a law that prohibited an establishment that featured nude or topless dancing from serving alcohol was actually a restriction on the nude and topless dancing. As one justice pointed out, "the Constitution does confer a right to be free from government regulation that prohibits expressive conduct on the basis of content." The legal team for The Candy Store put forth a similar case. They argued that dancing of all forms was a form of expressive conduct and could not be restricted.