Wednesday, July 06, 2005

What We're Fighting For

The Consitutional right to send our children to nudist camps without parental supervision is what. If we don't protect our sacred right to pack our 11 to 17 year-olds off alone to nudist camps, the terrorists will have won is what.

[American Association for Nude Recreation]-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." Brief of Appellants at 15. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the . . . American social nudist movement." J.A. 57. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents’ inability or unwillingness to attend. AANR-East contends that the statute encroached on its First Amendment right by reducing the size of the audience for its message of social nudism and will continue to do so as long as it is enforced. We think this is sufficient for purposes of standing. A regulation that reduces the size of a speaker’s audience can constitute an invasion of a legally protected interest. See Meyer v. Grant, 486 U.S. 414, 422-23 (1988). Likewise, "[t]he denial of a particular opportunity to express one’s views" may create a cognizable claim despite the fact that "other venues and opportunities" are available. Irish Lesbian & Gay Org. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 1998).


The world has gone insane and I'm not going to join it.

7 comments:

Pile On® said...

Dear God, the idea of teen nudist camps is one thing, but teens being accompanied by nude parents or grandparents is quite another.

What are they thinking? And what teen wants that?

spd rdr said...

Like I said: insane.

Marvin said...

How depressingly stupid.

Perhaps we should all try to find Wonko the Sane and join him Outside the Asylum.

Jehane said...

Good Lord spd, are you still following this story?

I thought it had died an unnatural death.

spd rdr said...

It's still kicking around in the halls of justice, Cass. What can I say? I'm a constitutional lawyer and it chaps my ass when I see it abused.

Jehane said...

Well don't let your ass get too chapped my dear, or it's *really* going to stick out amongst all those White Tails on the next rdr family vacation...

*running away*

Jehane said...

Good Lord, this has to be the best cite I've seen in a long time:

Irish Lesbian & Gay Org. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 1998).

Sorry. I'm easily amused this early in the morning.