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With the expulsion of Adam and Eve also came the first prohibitions against nudity, at least mythologically. A prohibition that early on crept into the judicial system occasionally still appearing in some contemporary judicial opinions ruling against public nudity.
Perhaps it is not surprising that the advocates o nudity in a recreational context often equate its manifestation with the paradise of the Garden of Eden.
In this volume Gordon Gill summarized 101 reported U.S. court decisions involving recreational nudity.
Author Gordon Gill first perceived a need for such a book after observing a succession of judicial decisions dealing with its legality, not all of them consistent. A bit of research revealed some early decisions - beginning in the 1930s when the American nudist movement was becoming firmly established - wherein prosecutors successfully obtained criminal judgements against persons engaging in innocuous nudity in private swimming pools, etc. Subsequently, the laws of a number of states changed so that engaging in recreational nudity on private property now is generally deemed acceptable.
As is evident from an analysis of recent cases herein, courts are rendering mixed decisions in the legality of casual nudity in public beach and park areas. The Supreme Court of Florida has held that in the absence of accompanying lascivious conduct, outdoor public nudity did not fall within the provisions of an indecent exposure statute. Similarly, the New York Court of Appeals has held that prosecutors could not apply a criminal statute governing lewd behavior to bare-breasted women enjoying public facilities in a city park. Meanwhile, other state and federal courts have proscribed casual nudity.
International Nudist Sun contains... photographs of nude men and women... judge wants to know if a freshly shaved mons Veneris on several of the females is obscene. People v. Noroff (1967) page 170
Police commissioner claims nudist can't be cop. He wouldn't be wearing his weapon. Burns v. Pomerleau (1970) page 30
...five individuals (four male, one female) swam nude and later were discovered by rangers while eating watermelon nude on the river bank. United States v. Hymans (1972) page 55
Ordinance proscribes persons over age ten from appearing... without opaque covering of "the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person... Eckl v. Davis (1975) page 65
...sheriffs... encountered 25-30 women--all naked above the waist--on Durand-Eastman Beach. People v. David (1989) page 104
French-cut bikinis and thongs are acceptable; G-strings, pasties, and socks covering male genitalia are not... The Naturist Society, Inc., and T.A. Wyner v. Fillyaw (1990) page 109
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Most Helpful Customer Reviews
20 of 21 people found the following review helpful:
5.0 out of 5 stars
Overview of shift in law and legal attitude toward nudity.,
By A Customer
This review is from: Recreational Nudity and the Law (Hardcover)
It is facinating to read the details of the 101 cases covered by Gill in Recreational Nudity and the Law. In the early days (1934) people were convicted of "outraging public decency" for being nude inside a building! Today nudity at the beach is becoming more commonplace and the legal attitude mixed. One thing for sure is that more often than not it is OK for a woman to appear at the beach top free. This freedom has not come without the considerable effort of a lot of women who took the time to stand up for their rights. Cases dealing with this aspect of the woman's movement are included in this text. A fun read that yeilds some interesting insights into the human condition. Highly recommended by Dr. Leisure for anyone concerned about the trends in the acceptance of public nudity in this country. Most importantly Gill just presents the facts and leaves the interpretation of those facts regarding trends up to the reader. Dr. Leisure sees some very positive trends in this area. Make up your own
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