Barnes v. Glen Theatre, Inc.

Barnes v. Glen Theatre, Inc.
Argued January 8, 1991
Decided June 21, 1991
Full case nameMichael Barnes, prosecuting attorney of St. Joseph County Indiana, et al. v. Glen Theatre, Inc., et al.
Citations501 U.S. 560 (more)
111 S. Ct. 2456; 115 L. Ed. 2d 504; 1991 U.S. LEXIS 3633; 59 U.S.L.W. 4745; 91 Cal. Daily Op. Service 4731; 91 Daily Journal DAR 7362
Case history
PriorGlen Theatre, Inc. v. Pearson, 802 F.2d 287 (7th Cir. 1986); on remand, Glen Theatre, Inc. v. Civil City of South Bend, 695 F. Supp. 414 (N.D. Ind. 1988); reversed, Miller v. Civil City of South Bend, 887 F.2d 826 (7th Cir. 1989); on rehearing en banc, 904 F.2d 1081 (7th Cir. 1990); cert. granted, 498 U.S. 807 (1990).
Holding
States have the authority and right to regulate and/or ban nudity, as it is in the interests of both the government and society to preserve morality by statute. Nudity is not protected under the First Amendment, nor expressive content.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Thurgood Marshall
Harry Blackmun · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Anthony Kennedy · David Souter
Case opinions
PluralityRehnquist, joined by O'Connor, Kennedy
ConcurrenceScalia
ConcurrenceSouter
DissentWhite, joined by Marshall, Blackmun, Stevens
Laws applied
U.S. Const. amend. I

Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), was a landmark decision of the U.S. Supreme Court concerning the First Amendment and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity, even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society.[1] This case is perhaps best summarized by a sentence in Justice Souter's concurring opinion, which is often paraphrased as "Nudity itself is not inherently expressive conduct."

  1. ^ Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). Public domain This article incorporates public domain material from this U.S government document.