Asked in Constitutional Law for Arkansas

Q: Is 'mooning' a constitutionally protected form of free speech in Arkansas?

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1 Lawyer Answer
Brian Lehman
Brian Lehman
Answered

A: Since the 1st Amendment is part of the federal constitution, the location does not matter (i.e., Arkansas) since the law would apply everywhere (unless, you are asking about the Arkansas Constitution which could give even more protection).

Today, someone posted this one reddit (perhaps inspiring you to ask):

TIL that in the US, Mooning is a constitutionally protected form of free speech.

https://www.reddit.com/r/todayilearned/comments/5to8ef/til_that_in_the_us_mooning_is_a_constitutionally/

The wikipedia articles does not cite significant authority, however: "In 2006, a Maryland state circuit court determined that mooning is a form of artistic expression protected by the First Amendment as a form of speech.[7][8] The court ruled that indecent exposure relates only to exposure of the genitals, adding that even though mooning was a "disgusting" and "demeaning" act to engage in, and had taken place in the presence of a minor, "If exposure of half of the buttocks constituted indecent exposure, any woman wearing a thong at the beach at Ocean City would be guilty."[7]"

Other courts could rule in a different way based on the facts of the case.

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