In United States law, a sexually oriented business (S.O.B. [1] ) is a business that is part of the sex industry, such as sites of erotic performance and erotic paraphernalia stores. Often regulations of SOBs enter law as part of zoning regulations by jurisdictions when trying to maintain the character of a particular community and discourage elements of society that may be considered harmful for their connection to the sex industry. [2] Though many regulations of SOBs arguably violate First Amendment rights in the United States, lawmakers will use the secondary effects doctrine—in which restrictions of First Amendment rights are legal if the restrictions can prevent harm to the larger community—to justify regulatation of SOBs. [3]
In an opinion deemed by the press as the "world's cheekiest written ruling" [4] and "one of the funniest, most eloquent court documents we've ever seen", [5] district court Judge John Biery articulated the constitutional and practical concerns of regulating certain types of scanty clothing in SOBs in San Antonio in 35 Bar and Grille LLC, et. al. v. The City of San Antonio (2013).
A bikini is a women's two-piece swimsuit featuring two triangles of fabric on top that cover the woman's breasts, and two triangles of fabric on the bottom: the front covering the pelvis but exposing the navel, and the back covering the buttocks. The size of the top and bottom can vary, from bikinis that offer full coverage of the breasts, pelvis, and buttocks, to more revealing designs with a thong or G-string bottom that covers only the mons pubis, but exposes the buttocks, and a top that covers the areolae.
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time, and unlawful sexual acts are also called sex crimes.
Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the US Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value." It is now referred to as the three-prong standard or the Miller test.
A sex shop is a retailer that sells products related to adult sexual or erotic entertainment, such as sex toys, lingerie, clothing, pornography, and other related products.
Hardcore pornography, or hardcore porn, is pornography that features detailed depictions of sexual organs or sexual acts such as vaginal, anal or oral intercourse, fingering, anilingus, ejaculation, and fetish play. The term is in contrast with less-explicit softcore pornography. Hardcore pornography usually takes the form of photographs, films and cartoons. Since the 1990s, hardcore pornography has become widely available over the Internet, making it more accessible than ever before.
Civil liberties in the United States are certain unalienable rights retained by citizens of the United States under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In the United States, freedom of speech and expression is restricted by time, place and manner— though otherwise strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.
Stanley v. Georgia, 394 U.S. 557 (1969), was a United States Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials.
"Itsy Bitsy Teenie Weenie Yellow Polkadot Bikini" is a novelty song telling the story of a shy girl wearing a revealing polka dot bikini at the beach. First released by the Swedish artist Lill-Babs in 1956. The English version was written by Paul Vance and Lee Pockriss and first released in June 1960 by Brian Hyland, with an orchestra conducted by John Dixon. The Hyland version reached number one on the Billboard Hot 100, selling a million copies in the US, and was a worldwide hit. The song has been adapted into French as "Itsy bitsy petit bikini" and into German as "Itsy Bitsy Teenie Weenie Honolulu-Strand-Bikini", reaching number one on national charts in both languages. Several versions of the song have proved successful in various European countries. In 1990 a version by British pop band Bombalurina, titled "Itsy Bitsy Teeny Weeny Yellow Polka Dot Bikini", reached number one on the UK Singles Chart and in Ireland.
United States v. Playboy Entertainment Group, 529 U.S. 803 (2000), is a United States Supreme Court case in which the Court struck down Section 505 of the Telecommunications Act of 1996, which required that cable television operators completely scramble or block channels that are "primarily dedicated to sexually-oriented programming" or limit their transmission to the hours of 10 pm to 6 am.
The Free Speech Coalition (FSC) is a non-profit trade association of the pornography and adult entertainment industry in the United States. Founded in 1991, it opposes the passage and enforcement of obscenity laws and many censorship laws.
The National Center on Sexual Exploitation (NCOSE), formerly organized as Morality in Media (MIM) before changing its structure, is an American non-profit with the goal of "exposing the links between all forms of sexual exploitation". The group's current president is Patrick A. Trueman. The charity is known for its anti-pornography and anti-sex trafficking stance.
The bikini has spawned many stylistic variations. A regular bikini is a two-piece swimsuit that together covers a female's crotch, buttocks, and breasts. Some bikini designs cover larger portions of the wearer's body while other designs provide minimal coverage. Topless variants are still sometimes considered bikinis, although they are technically not a two-piece swimsuit.
Samuel Frederick Biery Jr. is a United States District Judge of the United States District Court for the Western District of Texas.
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. The word can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech.
Pornography in the Philippines is not specifically defined in Philippine law, but the Revised Penal Code of the Philippines considers certain acts to be obscene or indecent and these are prohibited as immoral doctrines, obscene publications, indecent shows, or other similar material or portrayals that advocate human immorality, obscenity, and indecency. Philippine legislation penalizes participation in these unlawful activities, and Republic Act No. 7610 extends punishment to those involved in child abuse, child exploitation, child prostitution and discrimination of children.
Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), was a United States Supreme Court case on the controversial issue of adult bookstore zoning in the city of Los Angeles. Zoning laws dictated that no adult bookstores could be within five hundred feet of a public park, or religious establishment, or within 1000 feet of another adult establishment. However, Alameda Books, Inc. and Highland Books, Inc. were two adult stores that operated under one roof. They sued Los Angeles, stating the ordinance violated the First Amendment. The district court concurred with the stores, stating that the 1977 study stating there was a higher crime rate in areas with adult stores, which the law was based upon, did not support a reasonable belief that multiple-use adult establishments produce the secondary effects the city asserted as content-neutral justifications for its restrictions on adult stores. The Court of Appeals upheld this verdict, and found that even if the ordinance were content neutral, the city failed to present evidence upon which it could reasonably rely to demonstrate that its regulation of multiple-use establishments was designed to serve its substantial interest in reducing crime. However, the Supreme Court ruled in favor of the city. This reversed the decision of the lower court. This case was argued on December 4, 2001; certiorari was granted on March 5, 2001. "City of Los Angeles v. Alameda Books, 00-799, didn't involve the kind of adult material that can be regulated by the government, but rather the extent to which cities can ban "one-stop shopping" sex-related businesses."
United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity typically relates to pornography, as well as issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of each state, and there are wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene pornographic material depicting children through the post, to broadcast them, as well as in relation to importation of such materials.
35 Bar and Grille LLC, et al. v. The City of San Antonio was a court case in the U.S. District Court for the Western District of Texas. The case addressed a city ordinance about the amount of bodily coverage needed by semi-nude dancers in San Antonio, Texas. The case reached notoriety in international press when the press discovered that Chief U.S. District Judge Fred Biery's April 29, 2013 order denying a motion for a preliminary injunction was full of puns and double entendres about stripping and sexuality. During its press coverage, the case was also known by the humorous title applied to the judge's opinion of the case, The Itsy Bitsy Teeny Weeny Bikini Top v The (More) Itsy Bitsy Teeny Weeny Pastie.
A trikini is a three-piece garment used as a beachwear. The name is formed from bikini, replacing "bi-", as if to mean "two", with "tri-", meaning "three".