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Politics : High Tolerance Plasticity
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To: kodiak_bull who wrote (22127)11/3/2004 2:49:22 PM
From: cnyndwllr  Read Replies (1) of 23153
 
Kodiak, reading your messages on this subject makes me wonder if you truly recognize that the constitution is a LIMIT on the power of democratic "majorities" to control the actions of the individual. If you do understand that concept and agree with it, then the issue is not whether the majority should be able to decide what others may or may not do; the only question is when and under what circumstances the majority may NOT exercise that power.

In your nude dancing example, the courts have decided. They have, as always, carefully protected the individual's 1ST Amendment rights to freedom of expression while allowing the state to further its important function of regulating dangerous behavior and controlling non-constitutionally protected behavior. The result is that even with "free expression" dancing and nudity activities, the state can "zone" such activities so that they are kept separate from schools, neighborhoods and other places where they do not fit in. In addition the state can prohibit "obscene" behaviors that are sexual in nature. They can, therefor, limit commercial "lap dancing" if that is the decision of the majority.

So the courts have interpreted the rights in exactly the manner you suggested they should. The result is a protection of arguable free expression rights without limiting the power of the state to zone for such activities and to prevent acts that clearly fit within the ambit of sex acts.
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