the same protection to the natural expression of body independence through everyday, non-exploitative nudity on the seashore.

124. Garments is both publicly expressive and privately emblematic, connoting identity in a specific ethnic
wearing the clothes special to their group. Preventing nudists from going naked is equal to preventing a
125. With the development of national organizations promoting nudism as a doctrine, nude diversion may
eventually come to be viewed as a secure medium of language expressing that doctrine, and as an example of
Shielded free association.190
126. The Ninth Amendment makes it clear that no independence shall be denied that are not specifically
Forbad.191 So, mere nudity isn’t illegal except where there are special laws that forbid it.
Most laws prohibit only lewd conduct, not nudity per se; and there’s in fact no universal legal prohibition
against nudity on public property.
127. Many prohibitions against nudity stem, historically, from the political climate of the early Christian
church.192 Even now, much of the objection to nudism is based on spiritual principles. The constitutional
128. Extensive legal precedent implies that laws requiring girls, but not men, to conceal their breasts
For instance, in 1992, the New York Court of Appeals, the state’s highest court, unanimously overturned
the conviction of two women found guilty of showing their breasts in public. The ruling held that the state’s antinudity
law was meant to apply just to lewd and lascivious conduct, not to “noncommercial, maybe random,
and surely not lewd, exposure.” Herald Price Fahringer, the women’s lawyer, said that the ruling meant that
done in a lewd manner, or for such functions as prostitution. Judge Vito Titone remarked that women sunbathe
topfree in many European countries, adding:
serve as a reason for different treatment as it is itself a suspect cultural artifact rooted in centuries of
prejudice and bias toward girls.” 194 This opinion, nevertheless, is only one of several statutes and legal precedents
nationwide that maintain the position that breast exposure is not inherently indecent behavior.195
129. Case history illustrates that laws requiring women to cover their breasts are not justified by ethnic
Biases and preconceptions.197
130. Laws requiring women, but not men, to cover their breasts are composed entirely from a man
View, assuming that men’s bodies are natural and normal, and that women’s bodies must be covered because
They’re different.
Reena Glazer finds that “under sameness theory, girls can get equivalent treatment only to the extent that
They’re the same as guys.” 198 Physical differences among the races don’t warrant discrimination, and neither
should physical differences between the sexes.
131. Laws requiring girls to cover their breasts are not warranted by claims that women’s bodies are
significantly distinct from men’s; nor by erroneous claims that breasts are sex organs; nor by the fact that breasts
may play a role in sex or sex play; nor by the very fact that breasts are outstanding secondary sex characteristics.
It can’t be asserted that girls have breasts and men don’t, because both do; nor can it be argued that
Girls have bigger, often protruding breasts, because many women are flat- while many men have big
breasts. Breasts are not sex organs, for they are not essential to reproduction, and in fact have nothing to do with it.
A girl with no breasts can get a baby.
Breasts may play a part in sex play, but other body parts do also, and aren’t
censured–particularly the hands, and also the mouth (which, incidentally, is veiled by Shi’ite Moslems, partly for that
Really reason, though only on girls). And while breasts are secondary sex characteristics, so are beards, which are
not restricted on men.
132. Only nudity is not in itself lewd or “indecent exposure,” a differentiation maintained by extensive legal
precedent nationally.199
133. Only nudity cannot be offensive or conduct”–for it isn’t run in any way, but just the
natural state of a human being.
It should be no less legitimate to be in this natural individual state than to be clothed. One’s ethnicity is, in addition, a