Legal Opinion
Miller v. Civil City of South Bend
Court of Appeals for the Seventh Circuit
Decided May 24, 1990No. Nos. 88-3006, 88-3244PublishedCited by 47 opinions
1Opinion of the Court
FLAUM, Circuit Judge, joined by BAUER, Chief Judge, CUMMINGS, HARLINGTON WOOD, Jr., CUDAHY, POSNER and RIPPLE, Circuit Judges.
In this case we are asked to reconsider our unanimous decision in Miller v. Civil *1082City of South Bend, 887 F.2d 826 (7th Cir.1989) in which we held that Indiana’s Public Indecency statute, Ind.Code 35-45-4 — 1, was unconstitutional as applied because non-obscene barroom variety nude dancing performed as entertainment is expression and, as such, is entitled to limited protection under the first amendment. That opinion was subsequently vacated based on a majority vote by…
2Cases cited34 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Texas v. JohnsonSupreme Court of the United States · 1989
29 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
- Pap's A.M. v. City of ErieSupreme Court of Pennsylvania · 2002
- Ino Ino, Inc. v. City of BellevueWashington Supreme Court · 1997
- J&b Entertainment, Inc. v. City of Jackson, MississippiCourt of Appeals for the Fifth Circuit · 1998
- DLS, Inc. v. City of ChattanoogaCourt of Appeals for the Sixth Circuit · 1997
42 more not listed; retrieve them via the Exa API.