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14 U. Haw. L. Rev. 925 (1992)
The Law and Politics of Dancing: Barnes v. Glen Theatre and the Regulation of Striptease Dance

handle is hein.journals/uhawlr14 and id is 931 raw text is: The Law and Politics of Dancing: Barnes
v. Glen Theatre and the Regulation of
Striptease Dance
The First Amendment to the United States Constitution prohibits
the federal government from making laws that abridge the freedom of
speech.1 The Due Process Clause of the Fourteenth Amendment2
extends this prohibition to the various state governments.' The Supreme
Court of the United States has interpreted the First Amendment to
protect not only pure written and spoken speech but also certain forms
of expressive conduct.4 The Court, however, recognizes that not all
conduct through which the actor intends to express an idea may be
labeled speech.5 Additionally, the Court accepts the proposition that
even those forms of conduct that the Court considers expressive may
be regulated under certain circumstances.6
Congress shall make no law . . . abridging the freedom of speech or of the
press . . . . U.S. CONST. amend. I.
2 Nor shall any state deprive any person of life, liberty, or property, without
due process of law . . . .  U.S. CONST. amend. XIV.
I Gitlow v. New York, 268 U.S. 652, 666 (1925).
See, e.g., Texas v. Johnson, 491 U.S. 690 (1989); United Sates v. Eichman, 496
U.S. 310 (1990) (burning an American flag is protected expression); Spence v.
Washington, 416 U.S. 405 (1974) (per curium) (flying an American flag upside down
with a peace symbol attached); Tinker v. Des Moines School District, 393 U.S. 503
(1969) (wearing black arm bands to protest war in Vietnam).
' United States v. O'Brien, 391 U.S. 367 (1968). The Court rejected the notion
that a limitless variety of conduct can be labeled speech whenever the person engaging
in the conduct intends thereby to express an idea. Id. at 376.
6 See, e.g., United States v. O'Brien, 391 U.S. 367 (1968); see also infra notes 95-
97 and accompanying text.

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