Legal Opinion
Miller v. Civil City of South Bend
Court of Appeals for the Seventh Circuit
Decided October 19, 1989No. Nos. 88-3006 & 88-3244PublishedCited by 4 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
These consolidated appeals present the narrow issue of whether non-obscene nude dancing, performed before an audience as entertainment, is expressive activity and therefore entitled to protection, albeit limited protection, under the first amendment. For the reasons stated herein, we hold that it is.
I
This matter is before us for the second time and has a somewhat complicated history, both procedurally and substantively. The facts of the cases are presented in detail in the district court’s opinion on remand, Glen Theatre v. Civil City of South Bend, 695 F.Supp. 414…
2Cases cited18 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- Schad v. Borough of Mount EphraimSupreme Court of the United States · 1981
- California v. LaRueSupreme Court of the United States · 1973
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3Cited by4 opinions
- Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
- Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
- Miller v. Civil City Of South BendCourt of Appeals for the Seventh Circuit · 1990
- Miller v. Civil City Of South BendCourt of Appeals for the Seventh Circuit · 1990