Wednesday, September 27, 2006

NakedNudism Takes on the Constitution

My fellow nudist blogger over at NakedNudism is undertaking an ambitious 3 part essay on "The Political Dimension of Nudism", which is worth a read. While I am sympathetic with his libertarian views, his contention that we have a Constitutional right to be nude is overly-simplistic and fails to take into account the sociology of our culture and how it molds current interpretations of the Bill of Rights.
So the mere fact that indecency and obscenity laws exist and have popular support does not necessarily make them constitutionally sound. Like many of the examples above, these laws are able to persist because many people happen to agree with them, not because the laws are just.
Any and all laws are subject to Constitutional interpretation. For example, is it Constitutional for my town to tell me how often I must mow my lawn, or paint my house? Perhaps not, but these are the laws that govern my community - I am forced to clean my gutters, keep my yard free of old appliances and non-working motor vehicles, even maintain my driveway to certain standards. All of these regulations are limits imposed on my first amendment "rights".

NakedNudism makes some valid points and his arguments are backed-up well with examples, but there is no way American society is ready for public nudity, the current climate of rising Christian fundamentalism, coupled with the politicalization of issues such as sex offenders and homosexuality, is too hot. People are freaking out in Texas over nude sculptures in Dallas Museum of Art, imagine if people started walking around nude in public. It's nice to dream about a day when nudity is normal, but it's going to take a long, long time before humans are ready as a society to return to the Garden of Eden.

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