Pole Dancing Instruction and the 1st Amendment Analytical Essay by Nicky

Looks at the issue of morality and the Constitution as related to the legal case of the pole dance fitness instructor and the Adams Township ("Babines v. Adams Township").
# 151420 | 5,140 words | 3 sources | APA | 2012 | US
Published on Jun 11, 2012 in Law (Constitution) , Law (Historic Trials) , Criminology (Public and Crime)

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This paper explains that the American Civil Liberties Union of Pennsylvania filed a lawsuit on behalf of Stephanie Babines, a dance-and-fitness studio instructor who was denied a permit by the Adams Township to teach pole dancing, and claimed that the township's permit denial violated Babines' First Amendment right to teach about a lawful, constitutionally protected and increasingly popular form of art and fitness. After
reviewing Anita Allen's ideas on modesty and the Constitution, the author summarizes 15 legal cases relating to this problem. The paper did not discover any cases that would uphold the claims stated by Adams Township and thus the author supports the court decision to grant the pole dance instructor Babines the benefit of monetary awards and attorney fees.

Table of Contents:
Morality and the Constitution
City of Erie v. Pap's A.M.
Barnes v. Glen Theatre, Inc.
Winters v. New York
Policy Makers and Adult Entertainment
City of Los Angeles v. Almada Books (2002)
R.V.S., L.L.C. v. City of Rockford, 361 F.3d 402 (7th Cir. 2004)
Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, Florida, 11th Cir. (2003)
City of Renton v. Playtime Theatre, Inc. (1986)
Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993)
Woodall v. City of El Paso, 959 F.2d 1305 (5th Cir. 1992)
Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981)
The People [City of Anaheim] v. Ly, Super Ct. No. AP-11130 (1999)
Brockett v. Spokane Arcades Inc., 472 U.S. 491 (1985)
Miller v. California 413 U.S. 15 (1973)
FW/PBS, Inc. V. City of Dallas 493 U.S. 215 (1990
Giovani Carandola v. George Bason, 303 F.3d 507 (4th Cir.2002)
Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000)
Summary and Conclusion

From the Paper:

"General modesty is stated in the work of Allen (2006) to consist of "the tendency to avoid exaggerating or calling attention to one's virtues and accomplishments." Modesty is stated by Allen (2006) to be so important "to social harmony that men and women who are not modest are expected by the rules of etiquette to convincingly feign modesty. Pretending to be modest is of little practical value, though, when pretense fails to veil frank conceit."
"Allen points out that modesty has in general "been left to etiquette, morality and religion." However, sexual modesty is stated to be enforced and aggressively so through laws that are described as 'coercive." There is however, stated to be a variation in the modesty imposed on men and women across various cultures and societies however "sexual modesty is a special, obligatory virtue for women. Hyperbolic classic philosophical accounts of female modesty explain and justify it by reference to the demands of civilized order and the perpetuation of the species."
"Allen (2006) states that in the traditional sense of modesty both sex and the body are "supposed to be private. This is the lesson Adam and Eve taught the American courts." A nineteenth century judge in the adjudication of an indecency case is stated to have written as follows..."

Sample of Sources Used:

  • Pole-Dancing Fitness Instructor Settles with Township (2009) American Civil Liberties Union Pennsylvania. 29 Jan 2009. Online available at: http://www.aclupa.org/pressroom/poledancingfitnessinstruct.htm
  • Allen, Anita L. (2006) Disrobed: The Constitution of Modesty. Villanova Law Review. Vol. 51, p. 841. Online available at: http://www.law.upenn.edu/cf/faculty/aallen/workingpapers/b51VillanovaLR841(2006).pdf
  • Hanna, Judith Lynne (2006) Exotic Dance Adult Entertainment: A Guide for Planners and Policy Makers. Journal of Planning Literature. Vol. 20, No.2 Nov 2005. Online available at: http://www.woodhullfoundation.org/content/otherpublications/JPL11-05-116-134.pdf

Cite this Analytical Essay:

APA Format

Pole Dancing Instruction and the 1st Amendment (2012, June 11) Retrieved March 23, 2023, from https://www.academon.com/analytical-essay/pole-dancing-instruction-and-the-1st-amendment-151420/

MLA Format

"Pole Dancing Instruction and the 1st Amendment" 11 June 2012. Web. 23 March. 2023. <https://www.academon.com/analytical-essay/pole-dancing-instruction-and-the-1st-amendment-151420/>