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Featured Case:
Regarding The Magazine Jung und Frei

UNITED STATES OF AMERICA
v.
VARIOUS ARTICLES OF MERCHANDISE,

The issue on appeal is whether those magazines are obscene and are therefore subject to seizure and forfeiture under 19 U.S.C. S 1305. The District Court found that the magazines were obscene and ordered their forfeiture. We hold otherwise and, therefore, reverse.  See details. 
Also see Articles.

Judicial Opinion       Nudist Camps     Legal Nudist Videos

Naked Bike Protest Celebrates Individuality

On March 12 , cities in the southern hemisphere experienced the joy of the world's largest naked protest against oil dependency and car culture in the history of humanity.

According to the website, it is time to stop indecent exposure to automobile emissions and to celebrate the power and individuality of our bodies: Naked Bicycle People Power.

Sun Eden Naturist Resort, north of Pretoria, was the venue for the South African event of the World Naked Bike Ride, which was attended by more than 100 naturists.

In Australia, Melbourne, Newcastle, Brisbane, Sydney, Adelaide, Canberra and Perth participated in the World Naked Bike Ride and in New Zealand, Golden Bay, Auckland and Lake Tekapo took part.

On June 10, the northern hemisphere cities will participate. Naturism is popular in Spain, France, Italy, Germany, Russia, Netherlands, Britain, Argentina, Brazil, the US and Canada.

According to the Sanfed website: "Naturism is taking off in South Africa. Our naturist resorts are becoming more popular."

The next event will be the Naturist Rally, which will be held from April 27 to May 1 at the SunEden resort.


Anti-nude law

DAYTONA BEACH, Fla. - Let's get naked!

A federal judge struck down Daytona Beach's anti-nudity laws, saying they're unconstitutional.

Regulations prohibiting public nudity and nudity in places that sell alcohol violate the First and 14th amendments' protections of free speech and equal protection, the judge decided.

Daytona Beach also failed to prove its claim that adult nightclubs create secondary negative impacts on levels of crime, prostitution and illegal drug activity in neighborhoods, the judge wrote.

"We won on every single issue," said Daniel Aaronson, a lawyer representing Lollipops Gentleman's Club in its federal lawsuit.

Public nudity has been an issue at some Daytona Beach gatherings, such as Biketoberfest and Spring Break.

City officials said they're considering an appeal.


 

THE MOST INTEMPERATE JUDICIAL OPINION OF ALL TIME? 
SALT LAKE CITY v. James D. PIEPENBURG,
Supreme Court of Utah, 571 P.2d 1299 (1977) 
Ellett, Chief Justice, wrote the opinion: 

   The appellant operates a film theatre and was charged with and convicted of the crime of exhibiting an obscene motion picture....The motion picture exhibited revealed an entirely naked man and woman in various acts of sodomy (fellatio,cunnilingus, buggery) and adultery -- all shown with close-up camera photography. 
    A more sickening, disgusting, depraved showing cannot be imagined. However, certain justices of the Supreme Court of the United States have said that before a matter can be held to be obscene, it must be ". .. when taken as a whole, lacks serious literary, artistic, political, or scientific value." 
   Some state judges, acting the part of sycophants, echo that doctrine. It would appear that such an argument ought only to be advanced by depraved, mentally deficient, mind- warped queers. Judges who seek to find technical excuses to permit such pictures to be shown under the pretense of finding some intrinsic value to it are reminiscent of a dog that returns to his vomit in search of some morsel in the filth which may have some redeeming value to his own taste. If those judges have not the good sense and decency to resign from their positions as judges, they should be removed either by impeachment or by the vote of the decent people of their constituency.... 
   The dissent is rather long, but aside from being outside constitutional bounds, it is also not convincing in its
reasoning. For instance, a great amount of space is devoted to the fact that the prosecuting attorneys, or some of them, inquired of neighbors and religious leaders as to whether the juror attended church. This is a smart move and a practice of all good lawyers.... One can be sure that the defense attorney (if he was a good lawyer) would have made inquiry among the pimps, prostitutes, homosexuals, and other members of the pornographic community to see if any prospective jurors might be favorably inclined to protect one accused of showing pornographic films....

4th Circuit reinstates juvenile nudist camp's free-speech lawsuit

RICHMOND, Va. — A federal appeals court yesterday reinstated a lawsuit challenging a Virginia law requiring parental supervision at a summer camp for juvenile nudists.

A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the American Association for Nude Recreation-Eastern Region could pursue its claim that the law violates its free-speech rights by crimping its ability to spread its social nudism philosophy.

The organization claims it had to cancel a summer camp last summer in southeast Virginia because only 11 of the 35 youths who signed up would have been able to bring a parent as required by the law.

“A regulation that reduces the size of a speaker’s audience can constitute an invasion of a legally protected interest,” Judge William B. Traxler Jr. wrote in the unanimous ruling in White Tail Park v. Stroube.

U.S. District Judge Richard L. Williams ruled last August that the lawsuit was moot because the organizers of the camp at White Tail Park in Ivor surrendered their state permit for the camp after the law took effect on July 1, 2004.

The appeals court affirmed Williams’ ruling that White Tail Park and six parents who wanted to send their children to the camp lacked standing to sue. The parents’ claim was moot because the camp date had passed, the court said, and nothing in the record explained White Tail’s interest in educating juvenile nudist campers.

However, the court said the regional nudist organization, which designed and would have conducted the camp, had a case because it wanted to conduct future juvenile nudist camps in Virginia.

“What we’ve got is our case reinstated, maybe with a little different plaintiff lineup,” said the nudists’ lawyer, Rebecca Glenberg of the American Civil Liberties Union. “We will still be able to make the same constitutional arguments.”

Emily Lucier, spokeswoman for the Virginia attorney general’s office, said: “We are disappointed with the court’s ruling, but we expect to win at trial.”

A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. It was the first camp for nude juveniles in Virginia and only the third in the country, according to its sponsors.

Virginia’s General Assembly found out about the camp and passed the legislation requiring a parent, grandparent or legal guardian to accompany each participant, scuttling plans for the 2004 camp at the Ivor park.

 

 

 

 

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