City of Erie v. Pap’s A.M.
United States Supreme Court
529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000)
- Written by Megan Petersen, JD
Facts
The City of Erie, Pennsylvania (defendant) enacted an ordinance banning public nudity. Specifically, the statute made it a crime to knowingly or intentionally appear in public in a “state of nudity.” Pap’s A.M. (plaintiff) operated a nude dancing establishment in Erie. Pap’s challenged the ordinance on First Amendment grounds in the Court of Common Pleas. The Court struck down the ordinance as unconstitutional, but the Commonwealth Court reversed. The Pennsylvania Supreme Court reversed again, holding that the ordinance violated Pap’s right to freedom of expression protected by the First and Fourteenth Amendments. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (O’Connor, J.)
Concurrence (Scalia, J.)
Dissent (Souter, J.)
Dissent (Stevens, J.)
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