For help
with these categories.
jeangoodwin@nwu.edu
Last updated
The Free Speech website, http://faculty-web.at.nwu.edu/commstud/freespeech/
Nude Beach Re-enactment |
Case Type: |
Hypothetical
|
|
Exigence: |
The Evanston Naturalist Association ("ENA") rents Dyche stadium and puts on the play "Dade County: the Beaches, the Skinny-dippers and the Law." The play celebrates the victory of South Florida Free Beach organization in winning acceptance for nude bathing in Miami. As required by the play, many of the actors are nude. When several neighbors complain to the police, the nude actors are ticketed for violating the Evanston ordinance which provides "it shall be unlawful for any person to appear in a public place in a state of nudity or to make any indecent exposure of his/her person" (City Code 9-5-11). At trial, the ENA members claim their nudity was protected by the First Amendment.
|
|
Audience: |
You, the trial court judge.
|
|
Possible |
According to my information, the play "documents the 1948 establishment of Sunny Palms nudist park in Florida City; the wrongful arrests of Sunny Palms' managers; the last arresting performance of Jim Morrison of The Doors; the first organized skinny-dipper club in Dade County (South Florida Free Beaches); numerous wrongful arrests of SFFB co-founder, Tom Chittenden; statewide networking by co-founder, Barbara Khan; the Doo-Da parade "a la barrels"; the loss of skinny-dipper use of Virginia Key; the short lived tolerance on 21st St. for "horizontal nudity"; and ultimately, the strategy to adapt and move efforts to Haulover, where the Final Five wrongful arrests of skinny-dippers, resulted in the current and longstanding, safe, hassle-free, enjoyable and exemplary skinny-dipper experience, due mostly to the efforts of SFFB to educate everyone to the benefits of a well managed beach." The South Florida Free Beaches society maintains a webpage.
Barnes v. Glen Theatre, 501 U.S. 560 (1991), S&C 254; for an online decision, see the legal research webpage.
|
|
Decision: |
Up to you.
|
|
Related |
Offense Evanston Time, place and manner regulations Expressive conduct Sex Art |
|
Notes: |
None.
|
For help
|
Copyright © 1998 Jean Goodwin. All rights reserved. jeangoodwin@nwu.edu Last updated The Free Speech website, http://faculty-web.at.nwu.edu/commstud/freespeech/ |
|