Democracy Dies in Darkness

The Volokh Conspiracy | Opinion

Ban on women exposing breasts in public doesn't violate First Amendment or equal protection clause

By Eugene Volokh

November 10, 2017 at 12:06 PM

So holds a 2-to-1 panel decision of the U.S. Court of Appeals for the 7th Circuit (Tagami v. City of Chicago), decided Wednesday; the majority opinion is by Judge Sykes, joined by Judge Easterbrook, and the dissent is by Judge Rovner. I’m slammed right now (hence the limited blogging in recent days) and don’t have time to elaborate further, but check out the opinions, which are pretty clear and readable.

Thanks to Howard Bashman (How Appealing) for the pointer.


Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and an intensive editing workshop at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy.

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