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''Barnes v. Glen Theatre, Inc.'', , is a landmark decision of the Supreme Court of the United States on freedom of speech and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity, even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society. This case is perhaps best summarized by a sentence in Justice Souter's concurring opinion, which is often paraphrased as "Nudity itself is not inherently expressive conduct." ==Background== Two businesses - the Kitty Kat Lounge, Inc. and Glen Theatre, Inc. - operated adult entertainment establishments in South Bend, Indiana. The Kitty Kat was a club that sold alcoholic beverages in addition to employing live female exotic dancers to entertain its patrons. Glen Theatre was primarily in the business of selling adult entertainment materials, such as magazines and videos, and had an enclosed "bookstore" area where customers could insert coins into a machine which would allow them to view live female exotic dancers. Both businesses sought to include fully nude dancers to their entertainment lineup, but were prevented by an Indiana statute regulating "indecent behavior." Specifically, the statute read that dancers must wear, at a minimum, pasties and g-strings to provide basic coverage of the dancers' bodies. As this law necessarily prevented complete nudity in businesses open to the public, Kitty Kat and Glen Theatre were legally unable to offer nude dancing, prompting them to file suit in the United States District Court for the Northern District of Indiana on First Amendment grounds. The respondents, represented by Patrick Baude, professor at Indiana University School of Law - Bloomington, argued that the prohibition of complete nudity in public places was unconstitutionally overbroad. The District Court granted an injunction, against enforcement of the indecency statute. The Seventh Circuit Court of Appeals reversed the District Court's decision based on prior suit in the Supreme Court of Indiana as well as the United States Supreme Court that denied the respondents' the ability to pursue relief with their current constitutional argument. The case was remanded to District Court, allowing the businesses to argue against the statute as it applied to the proposed dancing rather than claiming constitutional overbreadth. The District Court, upon remand, declared that the dancing was not constitutionally protected speech, and the businesses appealed to the Seventh Circuit Court of Appeals, which reversed the District Court's ruling. The opinions authored by the judges on the Seventh Circuit's panel accepted the argument that the statute in question unduly infringed on freedom of expression; in this case, the message of "eroticism and sexuality" that the dancers were meant to convey. The Supreme Court granted certiorari and heard oral arguments on January 8, 1991. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Barnes v. Glen Theatre, Inc.」の詳細全文を読む スポンサード リンク
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