Is public nudity illegal?
September 3, 2011 2:33 PM
Is artistic public nudity protected as free speech in the US and elsewhere? Common suggests to me that it is illegal, public indecency, but how can it be so given the long tradition of nudes in art? Does the context of public nudity matter?
If you Google [first amendment nudity] you'll find lots of info, like this article on nude dancing.
posted by John Cohen at 2:36 PM on September 3, 2011
posted by John Cohen at 2:36 PM on September 3, 2011
there's a documentary called naked states that focuses on the legality of nudity in public and in art.
(hulu for those that can use it)
posted by nadawi at 2:39 PM on September 3, 2011
(hulu for those that can use it)
posted by nadawi at 2:39 PM on September 3, 2011
related (nsfw)
Apparently it is totes legal to be topless in NY as a ladyperson.
posted by jsturgill at 2:47 PM on September 3, 2011
Apparently it is totes legal to be topless in NY as a ladyperson.
posted by jsturgill at 2:47 PM on September 3, 2011
there's also the spirit of justice, a statue that was commissioned in the 30s, covered during Ashcroft's reign and then the drapes removed by order of Alberto Gonzales.
posted by nadawi at 2:51 PM on September 3, 2011
posted by nadawi at 2:51 PM on September 3, 2011
it's more than just NY for toplessness being legal.
Some places in North America permit females to be topless in public on an equal basis to males, and limit indecent exposure laws to exposure of genitals. States which permit toplessness for both sexes include the California coast, including Black's Beach and Santa Cruz, Colorado, Hawaii , Maine, New York, Ohio and Texas.
wiki
really, the whole question comes down to the definition of obscenity - I know it when I see it.
if it's not obscene, it's protected. if it is obscene, it's not. but, there's no line for what is and what isn't art or pornography. for instance, max hardcore just finished serving a two and half year sentence for obscenity charges (which i realize isn't about public nudity, but about how unevenly obscenity is levied in the US and how that relates to "i know it when i see it.")
posted by nadawi at 3:01 PM on September 3, 2011
Some places in North America permit females to be topless in public on an equal basis to males, and limit indecent exposure laws to exposure of genitals. States which permit toplessness for both sexes include the California coast, including Black's Beach and Santa Cruz, Colorado, Hawaii , Maine, New York, Ohio and Texas.
wiki
really, the whole question comes down to the definition of obscenity - I know it when I see it.
if it's not obscene, it's protected. if it is obscene, it's not. but, there's no line for what is and what isn't art or pornography. for instance, max hardcore just finished serving a two and half year sentence for obscenity charges (which i realize isn't about public nudity, but about how unevenly obscenity is levied in the US and how that relates to "i know it when i see it.")
posted by nadawi at 3:01 PM on September 3, 2011
I suspect what you will find is that it varies from state to state and city to city. Some laws are written to only forbid it when the intent is sexual arousal, some are more conservative, some are less. Some places have laws but don't enforce them. Other places may not have laws, but you'll get lynched. My advice is that if you want to walk around naked, find a place like SF and stay out of the south.
posted by jeffamaphone at 3:04 PM on September 3, 2011
posted by jeffamaphone at 3:04 PM on September 3, 2011
Is artistic public nudity protected as free speech in the US...?
The definitive legal answer to this question is "Maybe. Sometimes."
Common suggests to me that it is illegal, public indecency, but how can it be so given the long tradition of nudes in art?
Images of naked people are, for whatever reason, treated differently than naked people. The reason probably has something to do with the fact that anything which has been reduced to a medium is a lot easier for the law to classify as "expression" than "expressive conduct," because conduct, as such, isn't generally protected by the First Amendment. Basically, if you want your conduct to be counted as "expressive," and therefore protected by the First Amendment, it needs to effectively communicate a discernible message in a way that most people would probably pick up on, even if they didn't precisely understand the content.
Does the context of public nudity matter?
Absolutely, but it's really tied to whether a court could be convinced that the nudity was sufficiently expressive without being obscene. Taking part in a nudist rally? Might be okay, because it's obvious that you're communicating some distinct message, and there's a bunch of people, which adds a kind of social communication which a court would likely at least consider. A theater production that contains nudity? Definitely communicative, though you run the risk of it also being obscene, which as others have suggested is a crap shoot, so you take your chances. But just showing up downtown au naturel? The message most people are going to get from that is "This person is mentally ill," so that isn't likely to be treated as expressive and thus isn't likely to be protected by the First Amendment.
posted by valkyryn at 3:50 PM on September 3, 2011
The definitive legal answer to this question is "Maybe. Sometimes."
Common suggests to me that it is illegal, public indecency, but how can it be so given the long tradition of nudes in art?
Images of naked people are, for whatever reason, treated differently than naked people. The reason probably has something to do with the fact that anything which has been reduced to a medium is a lot easier for the law to classify as "expression" than "expressive conduct," because conduct, as such, isn't generally protected by the First Amendment. Basically, if you want your conduct to be counted as "expressive," and therefore protected by the First Amendment, it needs to effectively communicate a discernible message in a way that most people would probably pick up on, even if they didn't precisely understand the content.
Does the context of public nudity matter?
Absolutely, but it's really tied to whether a court could be convinced that the nudity was sufficiently expressive without being obscene. Taking part in a nudist rally? Might be okay, because it's obvious that you're communicating some distinct message, and there's a bunch of people, which adds a kind of social communication which a court would likely at least consider. A theater production that contains nudity? Definitely communicative, though you run the risk of it also being obscene, which as others have suggested is a crap shoot, so you take your chances. But just showing up downtown au naturel? The message most people are going to get from that is "This person is mentally ill," so that isn't likely to be treated as expressive and thus isn't likely to be protected by the First Amendment.
posted by valkyryn at 3:50 PM on September 3, 2011
In Oregon, it's considered free speech. Which is one reason we have a lot of strip clubs in Portland, and why events like the World Naked Bike Ride are so well-attended.
posted by mumkin at 4:42 PM on September 3, 2011
posted by mumkin at 4:42 PM on September 3, 2011
(mind you, this hasn't stopped some municipalities from passing their own bans, seemingly contravening the state constitution. it's complicated.)
posted by mumkin at 4:47 PM on September 3, 2011
posted by mumkin at 4:47 PM on September 3, 2011
The case you want to read is Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
posted by valkyryn at 5:36 PM on September 3, 2011
posted by valkyryn at 5:36 PM on September 3, 2011
nadawi i writes "Some places in North America permit females to be topless in public on an equal basis to males,"
All of Canada for example.
posted by Mitheral at 8:42 PM on September 3, 2011
All of Canada for example.
posted by Mitheral at 8:42 PM on September 3, 2011
Nude model Zoe West busted in Times Square while being painted by artist Andy Golub -- last Tuesday.
posted by dhartung at 9:46 PM on September 3, 2011
posted by dhartung at 9:46 PM on September 3, 2011
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posted by tnygard at 2:34 PM on September 3, 2011