What is the impact of the nudity ban on First Amendment freedom of speech and expression?

California, United States of America


The following excerpt is from Crownover v. Musick, 107 Cal.Rptr. 681, 509 P.2d 497, 9 Cal.3d 405 (Cal. 1973):

Fourth, if the ordinances impose any incidental restriction on First Amendment freedom of speech and expression (and we doubt that they do) it is certainly 'no greater than is essential to the furtherance of (an [9 Cal.3d 428] important or substantial governmental) interest.' (United States v. O'Brien, Supra, 391 U.S. 367, 377, 88 S.Ct. 1673, 1679, 20 L.Ed.2d 672.) The ordinances do not Prohibit speech or expression or entertainment; they merely direct that the entertainer cannot appear with genitals or breasts exposed. The ordinances proscribe no more than is necessary to ban the nudity which has been deemed harmful to public welfare or morals.

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