DECENT EXPOSURE - AN INQUIRY INTO THE CONSTITUTIONALITY OF STATE STATUTES PROSCRIBING EXPRESSIVE PUBLIC NUDITY

• NCJ Number: 40483
• Journal: Loyola Law Review Volume: 22 Issue: 4 Dated: (FALL 1976) Pages: 1018-1035
• Author(s): L J MICHAUD
• Date Published: 1976
• Length: 18 pages
• Corporate Author: Loyola University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE DEGREE OF PROTECTION WHICH THE U.S. SUPREME COURT HAS AFFORDED 'OFFENSIVE' SPEECH. THE EXPOSITION FOCUSES ON PUBLIC NUDITY CONDUCTED IN AN EXPRESSIVE OR SOCIALLY MEANINGFUL CONTEXT.

Abstract

THIS ARTICLE ANALYZES PERTINENT LOWER COURT DECISIONS AND STATUTES PROHIBITING 'LEWD, INDECENT OR OBSCENE EXPOSURE' OF ONE'S BODY. THE STATUTORY REQUIREMENT OF LEWD INTENT IS SOMETIMES ABSENT IN CASES WHERE PUBLIC NUDITY IS USED AS A MEANS OF EXPRESSION OR PROTEST. SIMILARLY, THE FIRST AMENDMENT PROTECTIONS OF FREEDOM OF SPEECH SOMETIMES COMPETE WITH THE COMPELLING STATE INTEREST TO MAINTAIN PUBLIC ORDER AND DECENCY. RELEVANT SUPREME COURT DECISIONS ARE REVIEWED FOR AN EVOLVING CONSTITUTIONAL DOCTRINE REGARDING SYMBOLIC EXPRESSIONS WHICH HAVE BEEN PROTECTED. AGAINST THIS BACKGROUND THE AUTHOR SPECULATES ON THE FUTURE CONSTITUTIONALITY OF STATE STATUTES FOR BIDDING PUBLIC NUDITY....MSP