Is public nudity a form of free speech?
"... by limiting the ability to express themselves, the law violates their rights.
They cite the First Amendment to the US Constitution,
which forbids the government from "abridging the freedom of speech".
But legal experts say previous court rulings suggest that being nude ..."
www.bbc.com/news/magazine-20404710
I think it is unlikely the Supreme Court will reverse their opinion on this, but since public nudity is permitted during demonstrations, such as the World Naked Bike Rides, which occur in many cities where nudity is otherwise illegal, what you should do is carry some sort of protest sign when you go nude in public.
That just might work, but I believe that an individual would have a lot more trouble doing that than an organized group. On the other hand Greta Thunberg started out alone, but she did not protest while nude and even if she did Sweden probably would not have given her any grief.
So for those who would like to get Mazzo Beach back, it might be prudent to schedule a meet and picket the beach.
In the UK there is a law called "Freedom of Expression" and by been naked you are covered by this law.
It's also related to private property defined in law and the British courts rule directly opposite to the US courts.
Two cases have set precedent for nudity as speech and while I don't agree these are the guidelines. Art nudes in galleries are art. Street nude is obscene. Nude in sex club is obscene but licensed. Public access is considered in each case. The other is nudity on private property and it is limiting of what is considered private if nudity is involved.
The current makeup leadership of the scotus is not ever going to hear a case on nudity. They have said so. It's not going to be possible for a decade at least then there needs to be support funding and a case to argue.
Nudity has been officially declared a state of dress, not a form of speech.However, even cities with strict anti-nudity laws permit nudity during demonstrations. There's a good reason for this. I a jurisdiction prohibits nudity in association with a public demonstration or protest, the issue will be taken to court. And there is a good chance that, in the end, the courts will decide in favor of nudity as a form of free speech.Once this happens, all anti-nudity laws will be in voided and it will be legal to be nude anywhere within the US.However, keep in mind that although it will, at that time, be legal to be nude, you can still be changed with other crimes -- such as disturbing the peace.
The SCOTUS ruled on the issue of nudity as speech in the political context and they struck it. Art gallery yes. Street no. This isn't changing soon.
Morality laws. Public decency. Health and safety. All used against nudity. Nudity isn't illegal in many places. It's just infraction and violation of code.
I think it is unlikely the Supreme Court will reverse their opinion on this, but since public nudity is permitted during demonstrations, such as the World Naked Bike Rides, which occur in many cities where nudity is otherwise illegal, what you should do is carry some sort of protest sign when you go nude in public.
The bike ride uses two loopholes. One arresting moving bikes is a logistics nightmare that could end in serious injury. Two, decency laws apply to pedestrian traffic. Vehicles have a different code. Bikes require shoes n helmet most places. Not pants. Bikes are vehicles. They also get closures n restrictions for the roads. It's mostly a private permit I think.
I think it is unlikely the Supreme Court will reverse their opinion on this, but since public nudity is permitted during demonstrations, such as the World Naked Bike Rides, which occur in many cities where nudity is otherwise illegal, what you should do is carry some sort of protest sign when you go nude in public.
You make two extremely important pints. The SCOTUS in current climate unlikely to even take a case related to nudity much bigger fish to fry. Also WNBR is a protest event where nudity id allowed and not a public nudity event.
One additional point in response is US nudist have not shown a particular capacity to generate the kind of sustained unified effort that would be required to launch a campaign promoting nudity as freedom of expression. I think the nervy would be better spent on local and state efforts to build that momentum and sustained effort which over time might I repeat might lead to a national movement. Example would be the current Effort to legalize recreational marijuana.
Unfortunately most of the states that have legalized marijuana saw it as a revenue source. There would have to be big push for nude tourism in the US. More specifically in key states where there is already a start. Other states to get movement might be where women have gained the freedom to go top less. Unfortunately, that freedom is not being utilized to much extent to get any more movement.
Unfortunately, that freedom is not being utilized to much extent to get any more movement.
Agree with you 100% Which is why I believe Supreme Court talk is not at this point. We cant even collectively resist laws that the super restrictive one in Arkansas how would we work to sway an SCOTUS not inclined to see our cause as valid.
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