Barnes v. Glen Theatre, Inc.
United States Supreme Court
501 U.S. 560 (1991)
Relevant factsFree
Glen Theatre and the Kitty Kat Lounge (plaintiffs) wanted to offer completely nude erotic dancing, but Indiana law required dancers to wear at least pasties and a G-string as part of a general public-indecency statute. The plaintiffs challenged the law as violating the First Amendment, and the court of appeals agreed, finding the dancing at issue was protected expressive activity and the statute unconstitutional as applied.
IssueFree
Whether a generally applicable regulation that furthers a substantial governmental interest, but places an incidental burden on expressive activity, violates the First Amendment's guarantee of freedom of expression.