Is public nudity a form of free speech?

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• BB

  

  Bill Bowser

  Jan 9, 2020

  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.

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• NU

  nudeyooper

  Jan 9, 2020

  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.

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• PA

  

  Paul

  Jan 22, 2020

  In the UK there is a law called "Freedom of Expression" and by been naked you are covered by this law.

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• JI

  

  Jim

  Jan 26, 2020

  [quote]In the UK there is a law called "Freedom of Expression" and by been naked you are covered by this law.[/quote] 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.

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• JI

  

  Jim

  Jan 26, 2020

  [quote]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.[/quote] 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.

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• JI

  

  Jim

  Jan 26, 2020

  [quote]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.[/quote] 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.

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• EA

  

  EarlD

  Jan 26, 2020

  [quote]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.[/quote] 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.

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• ER

  

  Eric/Reina

  Jan 26, 2020

  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.

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• EA

  

  EarlD

  Jan 26, 2020

  [quote]Unfortunately, that freedom is not being utilized to much extent to get any more movement.[/quote] 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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• ER

  

  Eric/Reina

  Jan 26, 2020

  Arkansas is one law that I dont understand. That law takes away the freedom of choice. Not only is it a law against public places, people cannot choose to go to places that nudity is acceptable.

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• EA

  

  EarlD

  Jan 27, 2020

  [quote]Arkansas is one law that I dont understand. That law takes away the freedom of choice. Not only is it a law against public places, people cannot choose to go to places that nudity is acceptable.[/quote] It seems to go against the constitutional right of assembly but there doesnt seem to be anyone to test it. I have spoken to the guy who runs unconstitutional Arkansas web site and he has had little or no support in trying to challenge the law. Seems to me if we cant figure that out when it seems so blatant a state law how do we make change on a national level.

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• ER

  

  Eric/Reina

  Jan 27, 2020

  I have frequently gone to Forty Acre Club (FAC) in Missouri and I am now sitting in Oak Lake Trails (OLT) in Oklahoma. Every weekend I am at FAC I meet several people from Arkansas. I just talked to one of the residents of OLT who said about 35% of the members of OLT are from Arkansas. All are willing to travel hours to go to nudist resorts. The problem is that in order to fight the law most often it starts with an arrest. Then there would be the media coverage. If you are still working then that is a problem. If you are not out with your friends then that is a problem. For some reason nudity is a bigger taboo than anything that people used to be proud to be arrested for. That is a problem.

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• EA

  

  EarlD

  Jan 27, 2020

  [quote]I have frequently gone to Forty Acre Club (FAC) in Missouri and I am now sitting in Oak Lake Trails (OLT) in Oklahoma. Every weekend I am at FAC I meet several people from Arkansas. I just talked to one of the residents of OLT who said about 35% of the members of OLT are from Arkansas. All are willing to travel hours to go to nudist resorts.[/quote]
  
  That is interesting stat. I know someone who loves in Missouri and goes to 40 acres will have to explore that more. The other issue is the national advocacy group dont really advocate for individual freedom they advocate for commercial venues and large public spaces like beaches because that is the underlying business model. That is really different fro. The UK where the national naturist organization advocated for individual freedoms and won a decriminalization of the penal code regarding public nudity. This in terms benefited both business and individuals.

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