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Lighten up, Sandy baby
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April 4, 2000 | In last week's decision to uphold a ban
on nude dancing in Erie,
Penn., Justice Sandra Day O'Connor
waltzed around the First Amendment
protection of "expressive conduct" by
arguing that the Erie ordinance was
regulating conduct, not symbolic speech.
O'Connor reasoned that since it targeted
the "secondary effects" of lowlife
behavior outside the strip club
Kandyland, the pasties and G-strings
requirement didn't limit expression.
Hypocritical horndog Clarence Thomas
joined Antonin Scalia concurring in the
decision but "disagreed with the mode of
analysis." Thomas dittoed Scalia that
nude dancing is not protected
expression: "There is no need to
identify 'secondary effects' associated
with nude dancing that Erie could
properly seek to eliminate. The
traditional power of government to
foster
good morals, and the acceptability of
the traditional judgment that nude
public dancing itself is immoral, have
not been repealed by the First
Amendment." Plus G-strings will keep
those pesky pubic hairs off your
Coke.
In his dissent, John Paul Stevens
(joined by Ruth Bader Ginsburg) jumped
on the absurdities like a lap dancer.
"In what can most delicately be
characterized as an enormous
understatement," he wrote, "the
plurality concedes that 'requiring
dancers to wear pasties and G-strings
may not greatly reduce these secondary
effects,'" such as increases in crime,
prostitution and sexually transmitted
diseases. How did the justices determine that
fabric slivers would save our
neighborhoods and were worth limiting
freedom of speech? Did they "know it
when they saw it" -- or had they even
seen it? To gauge the expression of All Nude
Girls, I decided to take in their
symbolic speech myself. Unless I saw, I
would never know if communication of a
bare nipple is muffled by a tiny doily
or a mohawk of pubic hair by a thong. I
wondered if any
justices had used the ruling like I did,
as a good excuse for their first visit
to a strip club. I invited my friend Karen, who had been
to stripper bars before, and my friend
Julia, who had not.
We picked a "Gentlemen's Club" in
downtown Washington with no cover or
drink minimum. As we waited in line, I
asked the chatty doorman about the
Supreme Court ruling, and he quickly
answered, "It's expression as far as I'm
concerned." He then defended the
stripping biz with logic as twisty as
O'Connor's: A)
His day job is teaching autistic
children, so B) he's a good guy, so C)
strip clubs must be OK. As we walked in, a wholesome redhead
named Angel was swinging her bare
moneymaker around the tiny stage, a
5-foot square raised a
foot-and-a-half off the ground. A
horizontal bar hung above; the girls
steadied themselves with it, swung from
it and occasionally did pull-ups. The
ceiling was low enough that the tallest
girl, a Russian immigrant called Star,
scraped her platform shoe on it during a
Rockette kick.
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