I don’t see how this cannot be free speech if Hustler is free speech, and topless bars are free speech. Also, why stop at the breasts?
I’m sorry, but I don’t get how going topless is a free speech issue. I am an attorney, but apparently a naive one (certainly not a constitutional scholar or practitioner). My concept of “speech” is the conveying of an idea or concept through some sort of medium. Obviously, verbal (spoken or written words) communication is speech, but merely yelling unintelligible sounds is not, because nothing is being conveyed. What does going topless convey? That one has breasts? Or that one is attractive, or (see Helen Thomas photo above) is aging and repulsive?
I occasionally ask young people who are multi-pierced, tattooed, or “uniquely” dressed, why they present themselves as they do. The most common response (ignoring the f*&^ you and “because I want to” responses) is “I am expressing myself.” Fair enough, but what is it that is being expressed? Maybe I am just getting old (50 on Saturday), but I don’t get it. I guess that is just one more thing I don’t get...
“Also, why stop at the breasts?”
As we saw last week in the NYPost, it must be legal for a person to walk naked thru the streets of NYC.
Nudity per se isn’t an issue, and quite frankly, I don’t think that most people object to nudity once they get used to the experience.
The problem is when lewd behavior starts, and when lewd displays and behaviors are cover by “Free Speech” provisions. Nudity per se isn’t lewd, but one can be lewd w/o exposing anything illegal.