Abstract

http://ssrn.com/abstract=875840
 
 

Citations (2)



 
 

Footnotes (233)



 


 



Girls! Girls! Girls!: The Supreme Court Confronts the G-String


Amy M. Adler


New York University School of Law


New York University Law Review, Vol. 80, No. 600, January 2006
NYU Law School, Public Law Research Paper No. 06-01

Abstract:     
What is it about the nude female body that inspires irrationality, fear, and pandemonium, or at least inspires judges to write bad decisions? This Article offers an analysis of the Supreme Court's nude dancing cases from a perspective that is surprising within First Amendment discourse. This perspective is surprising because it is feminist in spirit and because it is literary and psychoanalytic in methodology. In my view, this unique approach is warranted because the cases have been so notoriously resistant to traditional legal logic. I show that the legal struggles over the meanings and the dangers of the gyrating, naked female body can be fully understood only when placed within a broader context: the highly charged terrain of female sexuality. By rereading the cases as texts regulating gender and sexuality and not just speech, a dramatically new understanding of them emerges: The nude dancing cases are built on a foundation of sexual panic, driven by dread of the female body. Ultimately, this analysis reveals a previously hidden gender anxiety that has implications not only for the law of nude dancing, but for First Amendment law more broadly. By presenting the ways in which irrational cultural forces shape the Court's supposedly rational analysis in the nude dancing cases, in the end I point toward an unusual conception of First Amendment law: Free speech law governs culture, yet in surprising ways, culture also governs free speech law.

Number of Pages in PDF File: 47

Accepted Paper Series


Download This Paper

Date posted: January 13, 2006  

Suggested Citation

Adler, Amy M., Girls! Girls! Girls!: The Supreme Court Confronts the G-String. New York University Law Review, Vol. 80, No. 600, January 2006; NYU Law School, Public Law Research Paper No. 06-01. Available at SSRN: http://ssrn.com/abstract=875840

Contact Information

Amy M. Adler (Contact Author)
New York University School of Law ( email )
40 Washington Square South
Room 314
New York, NY 10012-1099
United States
212-998-6645 (Phone)
212-995-4341 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 6,789
Downloads: 474
Download Rank: 31,163
Citations:  2
Footnotes:  233

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.578 seconds