In Support of Naturism
Unfortunately, though the courts have "recognized as a protectible, if minor interest . . . an individual right concerning one's own appearance and lifestyle," especially where supported by tradition and custom, in the case of public nudity such protection is not "fundamental" or directly "constitutional" and thus can be overruled or limited by other considerations, such as environmental concerns or "community standards." Often the reference is to moral principles. These can usually be shown to be "overbroad" by constitutional standards, because they prohibit innocent behavior (such as skinnydipping) along with behavior of legitimate government concern (such as lewd conduct).
118. The Constitution has repeatedly been interpreted to protect the right of individuals to associate with others of similar philosophy, and also to raise their children in the context of a particular philosophy. This principle protects the right of nudist families to associate and recreate in the nude.
119. The First Amendment guarantees the right to freedom of expression. This protects every other form of clothing, and should protect the right not to wear clothing as well.
120. Recent court decisions in Florida, New York, and elsewhere have upheld nudity as part of the expression of free speech.
Unfortunately, the courts have consistently concluded that mere nudity per se (for example, nude sunbathing on a public beach), without being combined with some other protected form of expression, is not protected as free speech under the first amendment. The courts have distinguished between protected First Amendment beliefs and actual conduct based on those beliefs, arguing that going nude on a beach is "conduct" rather than merely the natural state of a human being.
121. The "body language" of the nude human form has extraordinary symbolic and communicative power which should be protected by the First Amendment.
Examples may be seen in painting, photography, sculpture, drama, cinema, and other visual forms of communication throughout history.
123. The courts have thus far permitted the publishers of pornography to express attitudes which are exploitative of women, on the grounds that this is protected free speech; but it has been unsuitably reluctant to grant the same protection to the natural expression of body freedom through casual, non-exploitative nudity on the beach.
124. Clothing is both publicly expressive and privately symbolic, connoting identity in a particular cultural group. Restricting the state of dress of nudists is no less restrictive than prohibiting any other cultural group from wearing the clothing particular to their group. Preventing nudists from going nude is equivalent to preventing a person of Scottish descent from wearing the family colors, or preventing a priest from wearing his robes.
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Unfortunately, though the courts have "recognized as a protectible, if minor interest . . . an individual right concerning one's own appearance and lifestyle," especially where supported by tradition and custom, in the case of public nudity such protection is not "fundamental" or directly "constitutional" and thus can be overruled or limited by other considerations, such as environmental concerns or "community standards." Often the reference is to moral principles. These can usually be shown to be "overbroad" by constitutional standards, because they prohibit innocent behavior (such as skinnydipping) along with behavior of legitimate government concern (such as lewd conduct).
118. The Constitution has repeatedly been interpreted to protect the right of individuals to associate with others of similar philosophy, and also to raise their children in the context of a particular philosophy. This principle protects the right of nudist families to associate and recreate in the nude.
119. The First Amendment guarantees the right to freedom of expression. This protects every other form of clothing, and should protect the right not to wear clothing as well.
120. Recent court decisions in Florida, New York, and elsewhere have upheld nudity as part of the expression of free speech.
Unfortunately, the courts have consistently concluded that mere nudity per se (for example, nude sunbathing on a public beach), without being combined with some other protected form of expression, is not protected as free speech under the first amendment. The courts have distinguished between protected First Amendment beliefs and actual conduct based on those beliefs, arguing that going nude on a beach is "conduct" rather than merely the natural state of a human being.
121. The "body language" of the nude human form has extraordinary symbolic and communicative power which should be protected by the First Amendment.
Examples may be seen in painting, photography, sculpture, drama, cinema, and other visual forms of communication throughout history.
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122. The Supreme Court has ruled that people can't be forced to communicate
ideas they oppose (for example, saying the Pledge of Allegiance). It has
also ruled that clothes can be a protected form of free speech (for instance,
students and public employees had the right to wear black armbands to protest
the Vietnam War). It is unconstitutional to force Naturists to express conformity
to ideas of modesty and body shame that they disagree with, by forcing them
to wear swimsuits at the beach. As attorney Eleanor Fink says, "If people are allowed to wear the clothes of [Nazis], should they not also be allowed to wear the clothing of the Creator?" |
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123. The courts have thus far permitted the publishers of pornography to express attitudes which are exploitative of women, on the grounds that this is protected free speech; but it has been unsuitably reluctant to grant the same protection to the natural expression of body freedom through casual, non-exploitative nudity on the beach.
124. Clothing is both publicly expressive and privately symbolic, connoting identity in a particular cultural group. Restricting the state of dress of nudists is no less restrictive than prohibiting any other cultural group from wearing the clothing particular to their group. Preventing nudists from going nude is equivalent to preventing a person of Scottish descent from wearing the family colors, or preventing a priest from wearing his robes.
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