Court cases uphold nudity as a form of protest.Article of May 12, 2012 Oregonian

Oops, I tried to copy and past the article below, but it seemed to not really work so here is the link.
https://www.oregonlive.com/portland/index.ssf/2012/05/man_who_stripped_naked_at_port.html
Man who stripped naked at Portland International Airport digs in for a fight -- plans to go to trial next month
Published: Wednesday, May 02, 2012, 10:55 AM Updated: Wednesday, May 02, 2012, 11:55 AM
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View full sizeRoss William Hamilton/The OregonianJohn
Brennan said he was exercising his freedom of expression at Portland
International Airport on April 17. But, he said: "I'll only strip down
like this once. I have to fly. I don't want to end up on some no-fly
list." A
49-year-old man who gained international attention after stripping
naked at a Portland International Airport security checkpoint plans to
fight a misdemeanor accusation of public indecency in trial -- saying he
shouldn't be charged with a crime for exercising his constitutional
right to protest.
John E. Brennan had the option Wednesday morning of entering
Multnomah County Circuit Court's community court program, which would
allow his misdemeanor to be treated like a citation. He would be
required to plead guilty. He also likely would be ordered to do
community service and write an apology letter. But Brennan and his
attorney, Michael E. Rose, told a judge that they wanted to go to trial.
"His (letter of) apology would be more of an explanation and so
community court is simply not appropriate for him because he has said 'I
didn't do anything wrong,'" Rose said, after the brief hearing.
Rose said one of two things will happen next: The district attorney's
office will dismiss the charge or Brennan will go to trial, as early as
mid-June.
"Community court is the easy way out," Rose said.
Brennan is charged with "indecent exposure," a Portland city
ordinance that says it's unlawful for "any person to expose his or her
genitalia while in a public place or place visible from a public place,
if the public place is open and available to persons of the opposite
sex."State law allows nudity -- as long as it isn't done to sexually
arouse oneself or others.
TheOn April 17 at about 5:35 p.m., he was on his way to catch a plane
for a business trip to San Jose, Calif., when he chose not to go through
one of the new security machines. A Transportation Security
Administration agent patted him down, then rubbed him with a small piece
of paper, which he was then told tested positive for explosives,
Brennan said. Brennan said he found that "ridiculous," and so he
stripped off all his clothes to show that he didn't have a bomb.
Bystanders caught the scene on camera.
Brennan retained Rose as his attorney. Rose wouldn't reveal details
of his legal strategy, but clearly he and his client could fight the
charge by saying his actions were a constitutionally protected form of
expression.
In 1985, the Oregon Court of Appeals ruled in City of Portland v.
Gatewood that appearing nude in public can be a protected form of
expression -- if it's done in political protest. The court said each act
of nudity should be considered on a case-by-case basis.
In, also under the same city ordinance with which
Brennan is now charged. Michael "Bobby" Hammond, then 20, stripped off
all his clothes and went for a two-minute ride through the Alberta Arts
District -- he said to make clear that nothing was powering his mode of
transportation but his own unadulterated body. Police saw it as a stunt,
and arrested him. The scene was recorded by a bystander on video.
The judge's ruling made national headlines.
"It's been well-known since Lady Godiva that the shock value of
nudity can be a very important protest," LaBarre said, referring to the
legend of a noblewoman who rode naked on a horse through the streets of
Coventry in England to protest her husband's oppressive taxation of the
people.

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