Legal Opinion · Concurring in part, dissenting in part
American Bush v. City of South Salt Lake
Utah Supreme Court
Decided July 28, 2006No. 20020117Published
1Concurring in part, dissenting in partDurham, Chief Justice
¶ 109 I respectfully dissent.
¶ 110 The Utah Constitution guarantees the citizens of Utah “the inherent and inalienable right ... to communicate freely their thoughts and opinions, being responsible for the abuse of that right.” Utah Const, art. I, § 1. The proper interpretation of this provision requires that the nude dancing at issue in this appeal be acknowledged as protected communication as a matter of plain meaning. Furthermore, I do not believe that nude dancing performed in private establishments for paying customers constitutes an abuse of the right of free communication. Finally, I…
2Cases cited49 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Brown v. Board of EducationSupreme Court of the United States · 1954
- Garrison v. LouisianaSupreme Court of the United States · 1964
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Cohen v. CaliforniaSupreme Court of the United States · 1971
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