No First Amendment exception to a smoking banforsmokingon-stage in a play

[Volokh, Eugene]

	I'm not sure where I so much as hinted at that.  My point is
simply that the law can't sensibly distinguish "speech involving
morality" from "political speech," since a good deal of speech is both;
and, more broadly, to even make such a claim, you'd have to be more
clear about what exactly you mean by "morality" and what exactly you
mean "involving."

	If anything, your example suggests the weakness of the
distinction you yourself proposed:  Walking down the DC mall naked as a
political statement may be *both* "speech involving morality" and
"political speech."

	Incidentally, carrying a picture of a naked man walking down the
DC mall is likely constitutionally protected, see Erznoznik v. City of
Jacksonville, even if it's meant as an artistic statement rather than as
a political one (subject possibly to some limitations if the picture is
somehow especially sexually themed).  It's not obvious exactly what the
distinction between the two is.  But it does seem pretty clear that it
can't be that one is "speech involving morality" and one isn't.

	Eugene

> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu 
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Steven Jamar
> Sent: Friday, November 03, 2006 10:25 AM
> To: CONLAWPROF at lists.ucla.edu
> Subject: Re: No First Amendment exception to a smoking 
> banforsmokingon-stage in a play
> 
> Prof. Volokh, do you mean to contend that I can walk down the 
> DC mall naked as long as my intention is to contest the 
> predominant morality and that the first amendment will protect me?
> 
> Steve
> 
> 
> 
> -- 
> Prof. Steven D. Jamar                               vox:  202-806-8017
> Howard University School of Law                     fax:  202-806-8567
> 2900 Van Ness Street NW                   mailto:stevenjamar at gmail.com
> Washington, DC  20008	                         http://iipsj.com/SDJ/
> 
> "If a man empties his purse into his head, no man can take it 
> away from him.  An investment in knowledge always pays the 
> best interest."
> 
> Benjamin Franklin
> 
> 
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