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Barnes v. Glen Theatre, Inc.

United States Supreme Court
501 U.S. 560 (1991)


Facts

Glen Theatre, Inc. and the Kitty Kat Lounge (plaintiffs) are two adult establishments that wish to offer completely nude erotic dancing in South Bend, Indiana. Indiana law makes it a misdemeanor for anyone to appear nude publicly with the intent to arouse the sexual desires of another. Indiana requires, at a minimum, that erotic dancers wear pasties and G-strings. The plaintiffs challenged this law, arguing that it interferes with the First Amendment’s guarantee of freedom of expression. The court of appeals found that the type of dancing at issue here falls within the protection of the First Amendment and found the law unconstitutional.

Rule of Law

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Issue

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Holding and Reasoning (Rehnquist, J.)

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Concurrence (Souter, J.)

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Concurrence (Scalia, J.)

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Dissent (White, J.)

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