Barnes v. Glen Theatre, Inc.

I agree that the judgment of the Court of Appeals must be reversed. In my view, however, the challenged regulation must be upheld, not because it survives some lower level of First Amendment scrutiny, but because, as a general law regulating conduct and not specifically directed at expression, it is not subject to First Amendment scrutiny at all.

1 — I

Indiana’s public indecency statute provides:

“(a) A person who knowingly or intentionally, in a public place:

“(1) engages in sexual intercourse;

“(2) engages in deviate sexual conduct;

“(3) appears in a state of nudity; or

“(4) fondles the genitals…