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State v. Brown

133 N.E.2d 333 (1956)

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State v. Brown

Ohio Supreme Court
133 N.E.2d 333 (1956)

Facts

Edith Church and others (the applicants) (plaintiffs) filed paperwork with Ohio Secretary of State Ted Brown (defendant), seeking to form a nonprofit corporation. The corporation’s stated purpose was to practice and promote greater understanding of social nudism. Under Ohio state law, it was unlawful for an adult to “willfully expose his or her private parts in the presence of two or more persons of the opposite sex” or to aid or abet such exposure unless it was for medical purposes or posing for bona fide artistic purposes. The state refused to accept the applicants’ paperwork for filing on the grounds that the proposed corporation had an unlawful purpose. The applicants sued the state, seeking to have the Ohio Supreme Court issue a writ of mandamus requiring the state to accept and file the applicants’ corporate-formation paperwork.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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