Women's Boobs Are Not Free Speech, Says Federal Court

Reason ^ | Nov. 15, 2017

[deplorableindc]

To protect public health, safety, and morals, the government has an important interest in preventing women from going topless, a federal appeals court has ruled. And the importance of keeping lady breasts out of public view overrules any First Amendment or equal protection issues that such a policy raises.

But at least one dissenting judge felt differently, describing our topless protagonist as having "engaged in the paradigm of First Amendment speech—a public protest on public land in which the participants sought to change a law that, on its face, treats women differently than men."

Going topless might not be inherently expressive, "but to declare, as a matter of law, that it can never be expressive is the quintessence of throwing out the free-expression baby with the non-expressive-conduct bath water," Judge Ilana Rovner wrote.

[ClearCase_guy]

I’ve seen the fembots in the Austin Powers movies — so if not the First, does the Second Amendment come into play here?

[rktman]

Hmmm. I would comment but I'll use some discretion. B😬🍿🍻👯

[marktwain]

change a law that, on its face, treats women differently than men.”

---

The insanity is to proclaim that women are *not* different from men.

[Future Snake Eater]

a law that, on its face, treats women differently than men."

How absurd. Everyone knows that women are EXACTLY the same as men.

[Vendome]

They’re not free speech

Then why do they walk around flashing their headlights, trying to communicate with us?

[bmwcyle]

But they say so much to me.

[BenLurkin]

“Look. Don’t look.”

“Look. Don’t look.”

“Look. Don’t look.”

[Buckeye McFrog]

WWAKD?

(What Would Anthony Kennedy Do?)

[KrisKrinkle]

The judges cite a 1991 Supreme Court case that justified public nudity prohibitions because they are "of ancient origin" and "exist in at least 47 States." Similarly, they added, the Chicago law has "existed in one form or another for decades" and its relationship to "promoting traditional moral norms and public order" is "self-evident and important."

They didn't use similar reasoning in regard to same sex marriage.

[cyberstoic]

It is beyond doubt that there is a large difference between women’s and men’s breasts. It is easily provable. No one will pay to see men’s breasts.

[IronJack]

So all the judges agree except one. And that becomes the story. Always the exception, never the rule.

[SES1066]

No one will pay to see men’s breasts.

Indeed! Frequently, at the beach, I'd pay to see man-boobs COVERED.

[DungeonMaster]

I’m going to be monitoring this thread on this Happy Friday.

[Cheerio]

The insanity is to proclaim that women are *not* different from men.

You got it!! All part of the demonic left's attempt to make the USA recognize no sex differentiation. Enter any restroom you want no matter what the rest of society believe, be able to marry someone of their sex choosing and even animals eventually, strip off the sex on birth certificates so the parents can imprint the sex they want on their fetus, allow students the right to change their gender assignment at will any time of the day because they are "confused" or want to be voyeuristic, or experiment, and have the military/USG pay for chopping off manhood so they can be better "soldiers". Many more not worth the time writing down - you know the drill. It is so sick that some morning I want to just get in a rocket ship and head for Mars.

[Redwood71]

What? You mean you’ve never heard of the Chippendales, Thunder Down Under, Magic Mike, Aussie Heat, Hunks the Show, and the hundreds of male strippers that perform on a regular basis? Don’t sell us short.

rwood

[Cyclops08]

Rule of thumb: the only gals who WANT to go topless, are the very ones who should NEVER go topless.

[Dr. Sivana]

So at least Franken won’t be accused of interfering with free speech.

[ExTxMarine]

It’s not the breasts they are paying to see, it’s the ENTIRE BODY and the simulated sex that draws in the ladies.

No one would pay a cover charge to go see topless men dance on a pole! Well no one with common sense, because I’ll bet you could often see that for free, at a local bar, after some dude gets drunk!

[Pining_4_TX]

I’m not a man, but I imagine there are many women that even men would prefer be fully clothed in public.