Sally Rand Trial: 1946

Defense attorney Jake Ehrlich pointed out to Judge Daniel R. Shoemaker that nudity was "respected in the highest artistic circles and elsewhere," and reminded the court of the masterpieces of sculptors Praxiteles, Michelangelo, and Rodin. "May I suggest, Your Honor," he said, "that we adjourn until tomorrow morning, at which time my client will perform her specialty for you? Thus instead of second-hand accounts and narrow-minded criticisms, we'll be dealing with the naked truth."

The judge not only agreed but provided, at Ehrlich's request, a court order that would release Sally Rand immediately if she were arrested for the same offense again before the trial was completed. That night, with the Savoy crammed with customers and policemen, Sally Rand danced, was interrupted for arrest, and was revealed (when the lights were ordered turned up) to be wearing long flannel underwear and, instead of a triangular patch, a small card marked "CENSORED. S.F.P.D." So embarrassed they didn't know what else to do, the cops arrested the dancer even though she was fully clothed. She presented her court order for immediate release and went on with her midnight show as usual.

The next morning at the Savoy, a jam-packed crowd of court and newspaper people watched Sally Rand dance through her customary performance. When all returned to the courtroom, Judge Shoemaker said, "Anyone who could find something lewd about the dance as she puts it on has to have a perverted idea of morals." With that, the judge pronounced Sally Rand not guilty on all counts.

Sally Rand then went back to fan dancing.