California v. LaRue

In California v. LaRue (1972) 409 U.S. 109, the Supreme Court upheld the essential validity of Rule 143.3. In part, the court relied on the authority given to the states by the Twenty-first Amendment. However, it also noted that Rule 143.3 constituted at most a minimal infringement on true expressive conduct. Acknowledging that the regulation would affect some conduct protected by the First Amendment, the court stated that "the critical fact is that California has not forbidden these performances 9 across the board. It has merely proscribed such performances in establishments that it licenses to sell liquor by the drink." ( LaRue, supra, 409 U.S. at p. 118.) (See fn. 10.) The court further took note that the adoption of Rule 143.3 was based on substantial evidence that nude performances in conjunction with the sale of liquor led not only to lewd conduct by customers inside the business premises, but also to prostitution, indecent exposure, and sexual assault in the vicinity.