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AANR and Legal Matters

We’re not trying to make you a lawyer on the spot, but from time to time our members ask us about some of the major court decisions that have shaped the law concerning nudity. The following cases are not only interesting, they provide solid examples of why there must be strong associations like AANR protecting nude recreation and nude living.

We invite you to explore the following links to cases available on the Find Law website.  You will also find downloadable (PDF) documents reagarding legal matters on our Member Downloads page

City of Erie v. Pap’s A.M. – In this case the United States Supreme Court sets forth the latest constitutional guidelines for what is and isn’t permissible when regulating nude dancing. (Due to the possible implications of this case on nudists, the American Association for Nude Recreation prepared a “friend of the court” brief to the Court when Erie was being considered.) The case is not a particularly “pro nudity” decision, but it does affirm certain First Amendment rights. The many concurring and dissenting opinions makes the decision a bit confusing, but subsequent appellate decisions have shed some light in this area.
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Erznoznik v. City of Jacksonville – Can a Florida city prohibit all nudity from the screens of drive in movies? No says the highest court in the land in this 1970’s era landmark case.
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Massachussetts v. Oakes – Not all pictures depicting minors in a state of nudity may be banned by state governments. That's the indication from this case. We say “indication” because the Massachusetts state supreme court reigned in an overbroad state statute before the U.S. Supreme Court got a chance to do it in Oakes. Significant to nudists both because of our need to show family nude recreation for what it is AND because AANR’s predecessor the American Sunbathing Association was specifically mentioned in the decision by Justice William Brennan.
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Barnes v. Glen Theater – The predecessor decision to Erie v. Pap’s A.M. mentioned above, Barnes set the stage for what’s constitutionally permissible when regulating nude dancing over a decade ago.
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Flanigan’s v. Fulton Co. Georgia – The U.S. Court of Appeals for the Eleventh Circuit clarifies the holding from Erie v. Pap’s. (Technically applies only to those jurisdictions within the Circuit.)
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Peek a Boo Lounge v. Manatee County – A model law proposed by the Florida Family Association gets put through a constitutional analysis from the 11th Circuit. The court rules that the corners cut by the county when fast-tracking it’s anti-nudity law mean federal courts must review this law very carefully on remand.
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