Barnes v. Glen Theatre, Inc.: The Naked Truth
Barnes v. Glen Theatre, Inc.: The Naked Truth
Kathleen T. Gibson, 9 U. Miami Ent. & Sports L.Rev. 201 (2009)
(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)
In Barnes, the issue before the Court was whether the application of an Indiana public indecency statute to nude dancing impermissibly infringed upon freedom of speech. The statute defined public indecency, in part, as “knowingly or intentionally, in a public place: . . . appearing in a state of nudity. . . .” J.R.’s Kitty Kat Lounge and Glen Theatre, Inc., in separate actions, sought to enjoin the state from enforcing the statute against them as both establishments provided nude dancing as entertainment. Both actions were consolidated on appeal.
Initially, the district court granted the injunction, finding the statute facially overbroad. However, the court of appeals reversed and remanded, whereby the district court held that the nude dancing at issue was not afforded protection under the First Amendment. The court of appeals again reversed and remanded, but then vacated its own opinion and granted a rehearing en banc. The court of appeals found that nonobscene nude dancing performed as entertainment is expression entitled to limited First Amendment protection, and held the Indiana statute unconstitutional as applied. On certiorari, the United States Supreme Court reversed: Enforcement of Indiana’s public indecency statute as applied to nude dancing does not violate the First Amendment.
COMMENTS
