Nudity is Protected Free Speech
The World Naked Bike Ride has done more to promote public nudity than everything else combined in the last 100 years.
If the WNBR is protected as Free Speech under the First Amendment in order to protest Big Oil and pollution, then public nudity at other times, besides WNBR, also should be protected underFree Speech, in order to protest every anti-nudity law itself. The government cannot "rate" one political movement as being more important than another, because that would be censorship.The government under the First Amendmentcannot permit the WNBR,but then arrest you for being nude,when your nudity is a different political protestfrom the WNBR. Separate but Unequal is unconstitutional on its face.
If the WNBR bike ride ends at 5:00 pm, why should it be illegal to be nude in public at 5:01 pm?
The World Naked Bike Ride has done more to promote public nudity than everything else combined in the last 100 years. If the WNBR is protected as Free Speech under the First Amendment in order to protest Big Oil and pollution, then public nudity at other times, besides WNBR, also should be protected under Free Speech, in order to protest every anti-nudity law itself. The government cannot "rate" one political movement as being more important than another, because that would be censorship. The government under the First Amendment cannot permit the WNBR, but then arrest you for being nude, when your nudity is a different political protest from the WNBR. Separate but Unequal is unconstitutional on its face. If the WNBR bike ride ends at 5:00 pm, why should it be illegal to be nude in public at 5:01 pm?
Have you read the First Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Lots of annotations to it can be found at: https://caselaw.lp.findlaw.com/data/constitution/amendment01/
I've been thinking about this myself. Maybe a lawyer can shed some light on this.
Why are other possibly "offensive" actions or people protected by the governemt and even mandated to be accomodated for. I, and many others, could be highly offended by say an amputee (I'm not of course, arguments sake) and not only would an amputee have a right to be on, say a beach; mandatory compliance with ADA guidelines requires the beach be accessable to that person. Even further, an American hating Muslim could set up in a crowded park, with visible signage stating thier disdain for Americans, an action that would be highly offensive to a LARGE majority of the population, yet that action is protected by our Constitution under freedom of speach. Those offended would have but two options, tolerate the action or move. This protection extends to many other "percieved offenses", i.e. race and color, etc. These "percieved offenses" are protected as each person has a right to be at any given place no matter who else may feel like they are offended. However, simple nudity is most often classified as "offensive" and deemed illegal, even though nearly every man and woman on the planet annatomically looks the same, yet, somehow nudity is deemed "offensive" and laws are created to disallow it. It makes no sense to me how this universal appearence of the human body is said to be "offensive" and because it may offend someone, is disallowed.
Given the inequities and the application of "offensive" and the protection of nearly all other "offensive" actions, I say laws that prohibit simple nudity are therefore unconstitutional. I like the option stated before, if caught naked, I'm simply peacefully protesting anti-nudity laws. I wonder if a group of people could schedule a "protest" on a beach to "protest" antinudity laws, stake out a section of the beach stating such "area of protest" and that area be available to anyone wishing to participate in said "protest". Lets say this "peaceful staged protest" just happens to run from mid May to late October!
The World Naked Bike Ride has done more to promote public nudity than everything else combined in the last 100 years. If the WNBR is protected as Free Speech under the First Amendment in order to protest Big Oil and pollution, then public nudity at other times, besides WNBR, also should be protected under Free Speech, in order to protest every anti-nudity law itself. The government cannot "rate" one political movement as being more important than another, because that would be censorship. The government under the First Amendment cannot permit the WNBR, but then arrest you for being nude, when your nudity is a different political protest from the WNBR. Separate but Unequal is unconstitutional on its face. If the WNBR bike ride ends at 5:00 pm, why should it be illegal to be nude in public at 5:01 pm?
Have you read the 1st Amendment:
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Marc82, wow, you seem to be pretty unclear as to where you stand...Parents have a RIGHT to keep their children from seeing genitalia? No they don't. Ain't no such law or anything. There are LOTS of kids on streets where the WNBR happens. I've been there and they gathered in a park with lots of kids. BTW, none of the kids could have cared less! Also,
first of all in the usa we have to many laws and that because we have to much government, federal, state, county, city heck some people also have a homeowners association telling them what to do. than we have a ton of courts federal, state, county and city that can make a decision about what you can and cannot do. if you look at the world bike ride most occur in liberal jurisdiction those green cities who see this as a positive statement against more pollution but ask most of them if you can just be nude because you want to be in the middle of the street or for that matter on the sidewalk and i bet the answer will be NO. the solution, less government and more rights for citizens isn't that what people came here for in the first place.
Have you read the 1st Amendment:Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. NoteCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
nudity could be a form of expression
And is frequently interpreted that way, HOWEVER nowhere in the above quoted amendment is the word "expression" used !!
In the USA ( and some other jurisdictions, but not all ) we do have the right to what's often mistakenly called the "freedom of speech" but we do NOT have an all encompasing freedom of expression !
As the saying gos our action speak louder than words. We speak with every part our body when we wear clothes because we are ashamed of that part of our body that we have covered up, we are making a statement. The same when we go without clothes we are saying that the body is not shameful. Every thing we do is a form a speech. If we believe that we are a creation of a loving God he saw that our body was very good. How can we say less? Also naked and unashamed!!!
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