NCJ Number
16511
Journal
Criminal Law Bulletin Volume: 10 Issue: 8 Dated: (OCTOBER 1974) Pages: 717736
Date Published
1974
Length
20 pages
Annotation
MAINTAINS THAT WHERE A STATE CANNOT SHOW THAT NUDE DANCING OR EXPLICIT, CONSENSUAL SEXUAL ACTIVITIES BY PERFORMERS ARE OBSCENE OR VIOLATIVE OF A COMPELLING STATE INTEREST, FIRST AMENDMENT RIGHTS PROTECT PERFORMERS.
Abstract
CALIFORNIA V. LARUE, CROWNOVER V. MUSICK, AND YAUCH V. STATE ARE SAID TO FAIL TO DEAL WITH THE PERFORMERS AND THEIR RIGHTS WITHIN THE FRAMEWORK OF THE FIRST AMENDMENT. IN EVALUATING THE LARUE DECISION, THE AUTHOR CONSIDERS THAT THE PRINCIPAL WEAKNESS IS THE COURT'S WILLINGNESS TO CONDITION THE GRANTING OF A LIQUOR LICENSE UPON THE APPLICANT'S SURRENDERING SOME MODICUM OF HIS FIRST AMENDMENT FREEDOMS. CROWNOVER IS CONSIDERED TO INVOLVE A FAILURE TO PROTECT THE FIRST AMENDMENT RIGHTS OF A NUDE DANCER WHOSE PERFORMANCE IS CONSIDERED AN ENTERTAINING ART FORM. THE YAUCH DECISION IS CHALLENGED ON THE BASIS THAT THE FIRST AMENDMENT'S PROTECTION OF TRADITIONAL COMMUNICATIVE MEDIA SUCH AS DANCING DOES NOT REQUIRE THAT THEY LIFT THE SPIRIT OR ENRICH THE MIND.