Sunday, August 28, 2011


Pole dancing as free speech again

Calling dancing speech has always seemed a stretch too far to me so I like this ruling:
"The Texas Supreme Court ruled unanimously Friday a $5 "pole tax" on strip clubs is constitutional.

Lower courts had previously said the so-called “pole tax” violated the First Amendment by placing an undue burden on free expression.

But the all-Republican state supreme court said in Friday’s ruling that the $5 fee is too small to be considered a burden, and that the state has a legitimate interest in curbing the “secondary effects of nude dancing when alcohol is consumed,” like potential violence.

According to the ruling, because the fee is not aimed specifically at nude dancing and clubs can “avoid the fee altogether simply by not allowing alcohol to be consumed,” it is not unconstitutional.

Source

As far as I can tell, SCOTUS has never ruled that pole dancing is free speech. Such rulings have been in lower courts only.

8 comments:

Anonymous said...

any drunk that tries to pole dance should be taxed heavily!!

Spider said...

Perhaps not free speech Jon, but they say it does fall under "freedom of expression", and thanks to the courts, so does just about everything and anything else. (urinating on a Crucifix, burning the US flag, etc.)

That the Mexas Supremes seem to be trying to change all the abuses that have taken place under the protection of so-called "freedom of expresion" is perhaps a good thing.

Anonymous said...

WOW, I can just see Justices Ginsburg and Kagan wrapping themselves around that pole.

Anonymous said...

Why not just call it a sin tax like tobacco and alcohol? Some states require extra taxes for sporting events and performances..

Anonymous said...

Anon 11:00 - You really don't know people very well do you.

Anonymous said...

Toejam said...
"WOW, I can just see Justices Ginsburg and Kagan wrapping themselves around that pole."

EEEEWWWWWWWWW!!!!

Malcolm Smith said...

Does anybody suggest that this was what the Founding Fathers intended when they wrote the First Amendment?

Spurwing Plover said...

AL GORE needs to e sent to the insane assilum he is totaly nuts