Thursday, June 18, 2009

My argument

My Argument

I agree with what the court decision that the state law’s purpose is not to interfere with how the establishments are ran but the state law is a general law that covers that there shall be no nudity or obscenity of any sort in public. I agree mainly with Justice Scalia because he points out the specifics of the Indiana statue in his opinion and how it doesn’t relate to offending the first amendment rights. He states that a law is "general" for the present purposes if it regulates conduct without regard to whether that conduct is expressive. Concededly, Indiana bans nudity in public places, but not within the privacy of the home. http://ussupremecourtcases.us/USSC/Vol_1991/1991_Barnes_v_Glen_Theatre_Inc_501_US_560.htm
Since the law is presented for the general public it cannot possibly be restricting the establishments from their right of free expression the law is only enforcing what has already been imposed in the state.

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