Sun Tzu,
Au contraire, that IS where the Constitution, equal protection, etc. comes in.
But even the right to assembly, free speech, political speech is not unrestricted--it can be reasonably restricted as to place and scope (parade licensing, etc.).
How we draw a non-constitutional right (commercial right to run a brothel, or a strip joint) under the "penumbra" of free speech, which somehow morphed into freedom of expression and then into freedom of artistic expression and then into, yah, that new girl down at the Silver Dollar, what she can do the fireman's pole is, wow, artistic, is an exercise in absurdity,imho.
Kb |