Barnes v. Glen Theatre, Inc

In Barnes v. Glen Theatre, Inc., 501 U.S. 560, 566, 115 L. Ed. 2d 504, 111 S. Ct. 2456 (1991), the United States Supreme Court upheld a statute which required nude dancers to wear pasties and G-strings. In upholding the statute, the Supreme Court stated that "the requirement that the dancers don pasties and G-strings does not deprive the dance of whatever erotic message it conveys; it simply makes the message slightly less graphic." Id. at 571. For a dancer to fondle her breasts during an erotic performance is far more "graphic" than the mere exposure Barnes held could be constitutionally prohibited. In Barnes v. Glen Theatre, Inc., the plurality opinion agreed that "nude dancing of the kind sought to be performed here is expressive conduct within the outer perimeters of the First Amendment, though we view it as only marginally so." Although only three members of the Court signed Justice Rehnquist's plurality opinion, nude dancing receives at least as much protection as stated in that opinion because the three members of the dissent assert that it deserves much more protection. See Barnes, 501 U.S. at 593 (White, J., dissenting).