124. Clothing is both publicly expressive and in private symbolic, connoting identity in a unique cultural
group.
wearing the clothing unique to their group. Preventing nudists from going naked is comparable to preventing a
Individual of Scottish descent from wearing the family colours, or preventing a priest from wearing his robes.
125. With the emergence of national organizations promoting nudism as a doctrine, bare diversion may
eventually come to be considered a safe medium of speech expressing that doctrine, and as an example of
protected free association.190
126. The Ninth Amendment makes it clear that no liberties shall be denied that are not specifically
Forbad.191 Thus, mere nudity is not illegal except where there are particular laws that forbid it.
Most laws forbid just lewd conduct, not nudity per se; and there's in fact no universal legal prohibition
against nudity on public land.
127. Many prohibitions against nudity stem, historically, from the political climate of the early Christian
church.192 Even now, a lot of the objection to nudism is based on religious principles. The constitutional
128. Extensive legal precedent implies that laws requiring girls, but not men, to conceal their breasts
are sexist, discriminatory, and unconstitutional.193
the conviction of two girls found guilty of exposing their breasts in public. The ruling held that the state's antinudity
law was meant to apply only to lewd and lascivious conduct, not to "non-commercial, perhaps accidental,
and certainly not lewd, exposure." "Least Likely to Become a Nudist" , the women's attorney, said that the ruling meant that
Judge Vito Titone pointed out that girls sunbathe
topfree in many European nations, including: "To the extent that many in our society may regard the uncovered
female breast with a prurient interest that is not similarly aroused by the male equivalent, that understanding cannot
Function as a justification for different treatment because it is itself a suspect cultural artifact rooted in centuries of
prejudice and bias toward girls." 194 This opinion, however, is just one of several statutes and legal precedents
nationwide that carry on the position that breast exposure isn't fundamentally indecent conduct.195
129.
prejudices and preconceptions.197
130. Sexual Explosion - World's Most Famous Bare Painting since Picasso, Dali and Modigliani's Nudes requiring women, but not men, to cover their breasts are written entirely from a male
View, assuming that men's bodies are natural and normal, and that women's bodies must be covered because
they are different.
Reena Glazer discovers that "under sameness theory, girls can get equal treatment only to the extent that
They may be the same as men." 198 Physical differences among the races do not justify discrimination, and neither
should physical differences between the genders.
131. Young Naturists In Today's World requiring women to cover their breasts are not warranted by claims that women's bodies are
significantly distinct from men's; nor by erroneous claims that breasts are sex organs; nor by the reality that breasts
may play a role in sex or sex play; nor by the fact that breasts are outstanding secondary sex characteristics.
It can't be asserted that women have breasts and men don't, because both do; nor can it be contended that
Girls have larger, often protruding breasts, because many girls are flat-chested while many guys have large
breasts. Breasts aren't sex organs, for they're not vital to reproduction, and in fact have nothing to do with it.
A woman with no breasts can have a baby.
Breasts may play a role in sex play, but other body parts do too, and are not
censured--particularly the hands, and also the mouth (which, by the way, is veiled by Shi'ite Moslems, partly for that
Really reason, though only on women).
not confined on guys.
132. Mere nudity is not in itself lewd or "indecent exposure," a distinction upheld by extensive legal
precedent nationwide.199
133. Only nudity cannot be offensive or immoral "actions"--for it is not run at all, but just the
natural state of a human being.
It should be no less legitimate to be in this natural human state than to be clothed. One's ethnicity is also a