For the convenience of the naturist user, a number of resources have been loosely organized by the topics they address. Some resources cover more than one topic and may appear multiple times on the list. Some of these resources are favorable to naturists; some are not. The classification is by no means absolute or exclusive.

 

CHILDREN (custody / visitation)

JENIFER TROXEL, et vir, PETITIONERS v. TOMMIE GRANVILLE
No. 99-138. United States Supreme Court.
Argued January 12, 2000. Decided June 5, 2000.

CHILDREN (general)

MILLER v. CALIFORNIA
U.S. Supreme Court 413 U.S. 15
APPEAL FROM THE APPELLATE DEPARTMENT,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE No. 70-73.
Argued January 18-19, 1972 Reargued November 7, 1972
Decided June 21, 1973

NEW YORK v. FERBER
U.S. Supreme Court 458 U.S. 747
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK
No. 81-55. Argued April 27, 1982 Decided July 2, 1982

FALOONA v. HUSTLER MAGAZINE, INC.
607 F.Supp. 1341, 1344 (N.D. Tex 1985).
United States District Court, Northern District of Texas, Dallas Division
No. CA 3-79-0056-R., May 2, 1985

UNITED STATES v. AMIRAULT
No. 98-1353. United States Court of Appeals for the First Circuit
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
April 6, 1999

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

CENTRAL TEXAS NUDISTS et al., Appellants
v. COUNTY OF TRAVIS and LOWER COLORADO RIVER AUTHORITY, Appellees
Court of Appeals of Texas, Third District, Austin.
NO. 03-00-00024-CV Filed: December 7, 2000

COMMONWEALTH (OF MASSACHUSETTS) vs. JOHN C. BEAN.
Supreme Judicial Court of Massachusetts
Docket no. SJC-08522
November 8, 2001. – January 28, 2002.

STATE OF IDAHO v. RAYMOND LLOYD MORTON
In the Supreme Court of the State of Idaho
Docket No. 29698, May 21, 2004

FIELDS v. PALMDALE SCHOOL DIST.
U.S. Court of Appeals for the Ninth Circuit
No. 03-56499 (9th Cir. 11/02/2005)

UNITED STATES v. FRABIZIO
No. 05-2034. United States Court of Appeals for the First Circuit
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
August 16, 2006

BROWN v. MICHIGAN CITY, INDIANA
United States Court of Appeals for the Seventh Circuit
No. 05-3912
Argued April 6, 2006. Decided September 5, 2006

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

STATE OF MINNESOTA, RESPONDENT v. GARY LEE JOHNSON, APPELLANT
State of Minnesota, in Court of Appeals
AP09-68
Appeal from Clay County District Court
File No. 14-CR-08-1453
December 1, 2009

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010

COMMUNITY STANDARDS

MILLER v. CALIFORNIA
U.S. Supreme Court 413 U.S. 15
APPEAL FROM THE APPELLATE DEPARTMENT,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE No. 70-73.
Argued January 18-19, 1972 Reargued November 7, 1972
Decided June 21, 1973

BELLOSPIRITO v. MANHASSET PUBLIC LIBRARY, et al.
93-CV-4484 (TCP) MEMORANDUM AND ORDER (unpublished)
United States District Court for the Eastern District of New York
July 31, 1994

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

VILLAGE OF WINSLOW v. SHEETS dba CAFE 77
Supreme Court of Nebraska
No. S-99-1224 Filed February 9, 2001.

HOPPER v. CITY OF PASCO
U.S. Court of Appeals for the Ninth Circuit
Case Number 98-35795 Date Filed: 02/15/2001

PAP’S v. ERIE et al. (2002)
In the Supreme Court of Pannsylvania, Western District
Remand from the United States Supreme Court entered on
March 29, 2000, at No. 98-1161, 529 U.S. 277 (2000)
[J-159-2000] Decision December 19, 2002

DEFINITIONS – Private Parts, Person, Lewdness, etc.

IN RE CHAD MERRILL SMITH on Habeas Corpus
[In re Smith , 7 Cal.3d 362]
Supreme Court of California.
Crim. No. 15986. June 13, 1972

PRYOR v. MUNICIPAL COURT
[Pryor v. Municipal Court (1979) 25 C3d 238]
Superior Court of California
September 7, 1979

STATE OF FLORIDA v. KAREN N. MCCLENNAN
In the County Court in and for Hillsborough County, Florida
Criminal Division
CASE NO: 81-4520 DIVISION A
May 29, 1981

CALIFORNIA v. ERIC JOHN BOST
In the Superior Court of the State of California
in and for the County of Placer, Appelate Department
NO. 75689 May 16, 1989

TOWNSEND v. STATE
Indiana Court of Appeals
No. 71A04-0012-CR-563, June 19, 2001
750 N.E.2d 416, 2001.IN.0000400
APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable William C. Whitman, Judge
Cause No. 71D01-0005-CM-4219

COLUMBUS v. BREER
[Columbus v. Breer, 2003-Ohio-2479.]
In the Court of Appeals of Ohio
Tenth Appellate District
No. 02AP-952, Decision rendered May 15, 2003

UNITED STATES v. FRABIZIO
No. 05-2034. United States Court of Appeals for the First Circuit
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
August 16, 2006

STATE OF SOUTH DAKOTA v. PLENTY HORSE
In the Supreme Court of the State of South Dakota
Appeal from the Circuit Court of the Second Judicial Circuit,
Minnehaha County, South Dakota
#24370-r-JKK 2007 SD 114
Considered on briefs August 27, 2007, OPINION FILED 11/07/07

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

DUE PROCESS

ATWATER v. CITY OF LAGO VISTA
United States Court of Appeal for the Fifth Circuit
No. 98-50302
Appeal from the United States District Court
for the Western District of Texas January 29, 1999

ATWATER v. CITY OF LAGO VISTA (en banc)
United States Court of Appeal for the Fifth Circuit
No. 98-50302
Appeal from the United States District Court
for the Western District of Texas November 24, 1999

SUND v. WICHITA FALLS [PDF FORMAT]
U.S. District Court, Northern District of Texas
Civil Action no. 7:99-CV-155-R
Final Judgment: September 19, 2000 [PDF FORMAT]
Amended Memorandum Opinion: September 20, 2000
[PDF FORMAT – large file – NOT YET LINKED]

BROWN v. MICHIGAN CITY, INDIANA
United States Court of Appeals for the Seventh Circuit
No. 05-3912
Argued April 6, 2006. Decided September 5, 2006
ELEMENTS OF THE OFFENSE

NORTH CAROLINA v. JONES
7 N.C. App. 166, 171 S.E.2d 468 (N.C.App. 01/14/1970)
COURT OF APPEALS OF NORTH CAROLINA
Filed: January 14, 1970

LISA HOFFMAN v. DALE CARSON
Supreme Court of Florida
1971.FL.41628; 250 So. 2d 891
July 7, 1971

REBECCA M. CHESEBROUGH v. STATE OF FLORIDA
Supreme Court of Florida
1971.FL.42639; 255 So. 2d 675
December 8, 1971

IN RE CHAD MERRILL SMITH on Habeas Corpus
[In re Smith , 7 Cal.3d 362]
Supreme Court of California.
Crim. No. 15986. June 13, 1972

G & B JACKSONVILLE v. STATE FLORIDA
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
No. DD-443
1978.FL.46341; 362 So. 2d 951
August 17, 1978
PRYOR v. MUNICIPAL COURT
[Pryor v. Municipal Court (1979) 25 C3d 238]
Superior Court of California
September 7, 1979

STATE OF FLORIDA v. KAREN N. MCCLENNAN
In the County Court in and for Hillsborough County, Florida
Criminal Division
CASE NO: 81-4520 DIVISION A
May 29, 1981

NEW YORK v. FERBER
U.S. Supreme Court 458 U.S. 747
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK
No. 81-55. Argued April 27, 1982 Decided July 2, 1982

GOODMAKERS v. STATE OF FLORIDA
District Court of Appeal of Florida, Second District.
No. 84-22
450 So.2d 888, 1984.FL.0042001
May 11, 1984

EGAL v. STATE OF FLORIDA
DISTRICT COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
No. 84-1937
1985.FL.42948; 469 So. 2d 196; 10 Fla. Law W. 1303
May 22, 1985

GOTTHARDT v. STATE OF FLORIDA
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
No. 84-1584
1985.FL.44866; 475 So. 2d 281; 10 Fla. Law W. 2108
September 12, 1985

WILLIAMS v. STATE OF FLORIDA
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
No. 92-1936
1993.FL.53425; 627 So. 2d 1279; 18 Fla. Law W. D 2601
filed: December 9, 1993.

WARD v. STATE OF FLORIDA
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
CASE No. 93-920
1994.FL.43140; 636 So. 2d 68; 19 Fla. Law W. D 613
filed: March 18, 1994.

STATE OF WISCONSIN v. CHAD R. ROWE
Wisconsin Court of Appeals
APPEAL from a judgment of the circuit court for Dane County:
Sarah B. O’Brien, Judge.
218 Wis.2d 166, 578 N.W.2d 210, 1998.WI.337
March 26, 1998

NORTH CAROLINA v. FLY
348 N.C. 556, 501 S.E.2d 656 (N.C. 07/09/1998)
North Carolina Supreme Court
No. 472A97
348 N.C. 556, 501 S.E.2d 656, 1998.NC.18063
July 09, 1998

STATE OF HAWAII v. MAIIKA K. KALAMA

In the Supreme Court of the State of Hawaii

NO. 22457 September 29, 2000
Opinion of the Court
Concurring Opinion by Ramil, J.

STATE OF HAWAII v. FRANCES E. MILFORD, et al.
In the Supreme Court of the State of Hawaii
NO. 22489 September 29, 2000

IN RE DALLAS W.,
a Person Coming Under the Juvenile Court Law.
In the Court of Appeals of the State of California
Second Appellate District, Division One
B141113 (Super. Ct. No. VJ19276)
Modification of Opinion and Denial of Petition for Rehearing
Filed January 17, 2001

TOWNSEND v. STATE
Indiana Court of Appeals
No. 71A04-0012-CR-563, June 19, 2001
750 N.E.2d 416, 2001.IN.0000400
APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable William C. Whitman, Judge
Cause No. 71D01-0005-CM-4219

CALIFORNIA v. LARRY MICHAEL ARCHER
In the Court of Appeal of the State of California
Third Appellate District (Sacramento)
C038718 (Super. Ct. No. 00F04933)
Filed May 14, 2002

CALIFORNIA v. VINCENT LEROY HARRIS (UNPUBLISHED OPINION)
In the Court of Appeal of the State of California
Fifth Appellate District
F037839 (Super. Ct. No. SC081796A)
Filed October 29, 2002

COLUMBUS v. BREER
[Columbus v. Breer, 2003-Ohio-2479.]
In the Court of Appeals of Ohio
Tenth Appellate District
No. 02AP-952, Decision rendered May 15, 2003

PEOPLE v. HUFFMAN
Michigan Court of Appeals
No. 252315 (Mich.App. 05/10/2005)
Appeal from Kent Circuit Court LC No. 03-002313-AR.
May 10, 2005

STATE v. NEAL
Michigan Court of Appeals
No. 252669 (Mich.App. 06/09/2005)
Appeal from the Chippewa Circuit Court
June 9, 2005

STATE OF SOUTH DAKOTA v. PLENTY HORSE
In the Supreme Court of the State of South Dakota
Appeal from the Circuit Court of the Second Judicial Circuit,
Minnehaha County, South Dakota
#24370-r-JKK 2007 SD 114
Considered on briefs August 27, 2007, OPINION FILED 11/07/07

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

EQUAL PROTECTION

UNITED STATES v. VIRGINIA et al.
No. 94-1941. U.S. Supreme Court
Certiorari to the United States Court of Appeals for the Fourth Circuit.
Argued January 17, 1996 Decided June 26, 1996 *
OPINION CONCUR DISSENT

ATWATER v. CITY OF LAGO VISTA
United States Court of Appeal for the Fifth Circuit
No. 98-50302
Appeal from the United States District Court
for the Western District of Texas January 29, 1999

ATWATER v. CITY OF LAGO VISTA (en banc)
United States Court of Appeal for the Fifth Circuit
No. 98-50302
Appeal from the United States District Court
for the Western District of Texas November 24, 1999

NEVADA DEPT. OF HUMAN RESOURCES v. HIBBS
No. 01-1368. U.S. Supreme Court
On Writ Of Certiorari To The United States Court Of
Appeals For The Ninth Circuit Court Below: 273 F. 3d 844
538 U. S. ____ (2003)
Argued January 15, 2003. Opinion: May 27, 2003.

CITY OF BOWLING GREEN v. BOURNE
In the Court of Apprals of Ohio
Sixth Appelate District
Wood County
Court of Appeals No. WD-07-007
Decision rendered October 26, 2007

FREEDOM OF ASSOCIATION

JENIFER TROXEL, et vir, PETITIONERS v. TOMMIE GRANVILLE
No. 99-138. United States Supreme Court.
Argued January 12, 2000. Decided June 5, 2000.

BOY SCOUTS OF AMERICA et al. v. DALE
CERTIORARI TO THE SUPREME COURT OF NEW JERSEY
No. 99-699. United States Supreme Court.
Argued April 26, 2000. Decided June 28, 2000

CENTRAL TEXAS NUDISTS et al., Appellants
v. COUNTY OF TRAVIS and LOWER COLORADO RIVER AUTHORITY, Appellees
Court of Appeals of Texas, Third District, Austin.
NO. 03-00-00024-CV Filed: December 7, 2000

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010
FREEDOM OF EXPRESSION

UNITED STATES v. O’BRIEN
U.S. Supreme Court 391 U.S. 367
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT. No. 232.
Argued January 24, 1968.
Decided May 27, 1968.

NEW YORK v. FERBER
U.S. Supreme Court 458 U.S. 747
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK
No. 81-55. Argued April 27, 1982 Decided July 2, 1982

SOUTH FLORIDA FREE BEACHES v. CITY OF MIAMI
734 F.2d 608, 610 (11th Cir.1984)
June 18, 1984

RENTON v. PLAYTIME THEATERS, INC. ET AL.
U.S. Supreme Court 475 U.S. 41 (1986)
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 84-1360. Argued November 12, 1985. Decided February 25, 1986.

BARNES v. GLEN THEATRE, INC.
501 U.S. 560 (1991)
Certiori to the United States Court of Appeals for the Seventh Circuit.
No. 90-26. United States Supreme Court.
Argued January 8, 1991. Decided June 21, 1991

VALORIE W. DAVENPORT v. THE HONORABLE CAROLYN GARCIA
SUPREME COURT OF TEXAS
On petition for writ of mandamus to the 151st Judicial District Court
of Harris County, Texas June 17, 1992, Delivered
No. D-1558 OPINION | CONCURRING OPINION

NATURIST SOCIETY, INC. v. FILLYAW (1991)
U.S. Court of Appeals, Eleventh Circuit
No. 90-5481
934 F.2d 1177, 1991.C11.40976
June 27, 1991

NATURIST SOCIETY, INC. v. FILLYAW (1992)
U.S. Court of Appeals, Eleventh Circuit
(on petition for re-hearing)
No. 90-5481
958 F.2d 1515, 1992.C11.41660
April 22, 1992

BELLOSPIRITO v. MANHASSET PUBLIC LIBRARY, et al.
93-CV-4484 (TCP) MEMORANDUM AND ORDER (unpublished)
United States District Court for the Eastern District of New York
July 31, 1994

CITY OF ERIE et al. v. PAP’S A. M., tdba “KANDYLAND”
certiorari to the supreme court of pennsylvania
No. 98-1161. United States Supreme Court.
Argued November 10, 1999–Decided March 29, 2000
(Also see decision on remand – December 19, 2002)

UNITED STATES v. FRANDSEN & MORRIS
United States Court of Appeals, Eleventh Circuit.
No. 98-2174. May 25, 2000.
Appeals from the United States District Court for the
Middle District of Florida. (No. 97-00076-MC-ORL-22)

STATE OF WISCONSIN v. SCOTT L. STEVENSON
236 Wis.2d 86, 236 Wis.2d 86, 613 N.W.2d 90, 613 N.W.2d 90, 2000 WI 71 (Wis. 06/28/2000)
SUPREME COURT OF WISCONSIN
Case No.: 98-2110-CR
ON CERTIFICATION FROM THE COURT OF APPEALS
Oral Argument: February 10, 2000
June 28, 2000

SUND v. WICHITA FALLS [PDF FORMAT]
U.S. District Court, Northern District of Texas
Civil Action no. 7:99-CV-155-R
Final Judgment: September 19, 2000 [PDF FORMAT]
Amended Memorandum Opinion: September 20, 2000
[PDF FORMAT – large file – NOT YET LINKED]

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

VILLAGE OF WINSLOW v. SHEETS dba CAFE 77
Supreme Court of Nebraska
No. S-99-1224 Filed February 9, 2001.

HOPPER v. CITY OF PASCO
U.S. Court of Appeals for the Ninth Circuit
Case Number 98-35795 Date Filed: 02/15/2001

PAP’S v. ERIE et al. (2002)
In the Supreme Court of Pannsylvania, Western District
Remand from the United States Supreme Court entered on
March 29, 2000, at No. 98-1161, 529 U.S. 277 (2000)
[J-159-2000] Decision December 19, 2002

PEOPLE v. HUFFMAN
Michigan Court of Appeals
No. 252315 (Mich.App. 05/10/2005)
Appeal from Kent Circuit Court LC No. 03-002313-AR.
May 10, 2005

JO-BET, INC., d/b/a/ HENRY THE EIGHTH SOUTHÂ v. CITY OF SOUTHGATE
Civil No. 01-73493 MEMORANDUM OPINION AND ORDER
United States District Court for the Eastern District of Michigan
February 13, 2006
CITY OF BOWLING GREEN v. BOURNE
In the Court of Apprals of Ohio
Sixth Appelate District
Wood County
Court of Appeals No. WD-07-007
Decision rendered October 26, 2007

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010
NUDE IS NOT LEWD

LISA HOFFMAN v. DALE CARSON
Supreme Court of Florida
1971.FL.41628; 250 So. 2d 891
July 7, 1971

IN RE CHAD MERRILL SMITH on Habeas Corpus
[In re Smith , 7 Cal.3d 362]
Supreme Court of California.
Crim. No. 15986. June 13, 1972

STATE OF FLORIDA v. KAREN N. MCCLENNAN
In the County Court in and for Hillsborough County, Florida
Criminal Division
CASE NO: 81-4520 DIVISION A
May 29, 1981

DUVALLON v. STATE OF FLORIDA
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
Docket No(s). ZZ-303
404 So.2d 196, 1981.FL.0042003
October 1, 1981

GOODMAKERS v. STATE OF FLORIDA
District Court of Appeal of Florida, Second District.
No. 84-22
450 So.2d 888, 1984.FL.0042001
May 11, 1984

CALIFORNIA v. ERIC JOHN BOST
In the Superior Court of the State of California
in and for the County of Placer, Appelate Department
NO. 75689 May 16, 1989

U.S. v. A NAKED PERSON ISSUED NOTICE OF VIOLATION NO. P419490
United States District Court, Middle District of Florida, Orlando Division.
[No. 93-195-MJ-B-01] November 19, 1993

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

IN RE DALLAS W.,
a Person Coming Under the Juvenile Court Law.
In the Court of Appeals of the State of California
Second Appellate District, Division One
B141113 (Super. Ct. No. VJ19276)
Modification of Opinion and Denial of Petition for Rehearing
Filed January 17, 2001

STATE OF SOUTH DAKOTA v. PLENTY HORSE
In the Supreme Court of the State of South Dakota
Appeal from the Circuit Court of the Second Judicial Circuit,
Minnehaha County, South Dakota
#24370-r-JKK 2007 SD 114
Considered on briefs August 27, 2007, OPINION FILED 11/07/07

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

STATE OF MINNESOTA, RESPONDENT v. GARY LEE JOHNSON, APPELLANT
State of Minnesota, in Court of Appeals
AP09-68
Appeal from Clay County District Court
File No. 14-CR-08-1453
December 1, 2009

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010
NUISANCE

MARK v. OREGON
In the Court of Appeals of the State of Oregon
A114713, January 28, 2004
Glen D. Mark and Teri L. Powers, Respondents
v.
State of Oregon, on behalf of the Department of Fish and Wildlife; and State of Oregon, on behalf of the Division of State Lands, Appellants, and Naturist Action Committee, a national association, Intervenor-Below.
Appeal from Circuit Court, Columbia County. 96-2019; Ted E. Grove, Judge.

OBSCENITY

MILLER v. CALIFORNIA
U.S. Supreme Court 413 U.S. 15
APPEAL FROM THE APPELLATE DEPARTMENT,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE No. 70-73.
Argued January 18-19, 1972 Reargued November 7, 1972
Decided June 21, 1973

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

UNITED STATES v. FRABIZIO
No. 05-2034. United States Court of Appeals for the First Circuit
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
August 16, 2006
PARENTAL RIGHTS

FALOONA v. HUSTLER MAGAZINE, INC.
607 F.Supp. 1341, 1344 (N.D. Tex 1985).
United States District Court, Northern District of Texas, Dallas Division
No. CA 3-79-0056-R., May 2, 1985

JENIFER TROXEL, et vir, PETITIONERS v. TOMMIE GRANVILLE
No. 99-138. United States Supreme Court.
Argued January 12, 2000. Decided June 5, 2000.

FIELDS v. PALMDALE SCHOOL DIST.
U.S. Court of Appeals for the Ninth Circuit
No. 03-56499 (9th Cir. 11/02/2005)

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010

PHOTOGAPHY / IMAGES

MILLER v. CALIFORNIA
U.S. Supreme Court 413 U.S. 15
APPEAL FROM THE APPELLATE DEPARTMENT,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE No. 70-73.
Argued January 18-19, 1972 Reargued November 7, 1972
Decided June 21, 1973

NEW YORK v. FERBER
U.S. Supreme Court 458 U.S. 747
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK
No. 81-55. Argued April 27, 1982 Decided July 2, 1982

FALOONA v. HUSTLER MAGAZINE, INC.
607 F.Supp. 1341, 1344 (N.D. Tex 1985).
United States District Court, Northern District of Texas, Dallas Division
No. CA 3-79-0056-R., May 2, 1985

BELLOSPIRITO v. MANHASSET PUBLIC LIBRARY, et al.
93-CV-4484 (TCP) MEMORANDUM AND ORDER (unpublished)
United States District Court for the Eastern District of New York
July 31, 1994

UNITED STATES v. AMIRAULT
No. 98-1353. United States Court of Appeals for the First Circuit
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
April 6, 1999

TUNICK v. SAFIR
Docket No. 99-7823
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
(Argued: September 13, 1999 Decided May 19, 2000
Further Concurrence and Dissent Decided: )

STATE OF WISCONSIN v. SCOTT L. STEVENSON
236 Wis.2d 86, 236 Wis.2d 86, 613 N.W.2d 90, 613 N.W.2d 90, 2000 WI 71 (Wis. 06/28/2000)
SUPREME COURT OF WISCONSIN
Case No.: 98-2110-CR
ON CERTIFICATION FROM THE COURT OF APPEALS
Oral Argument: February 10, 2000
June 28, 2000

UNITED STATES OF AMERICA v. VARIOUS ARTICLES OF MERCHANDISE,
SCHEDULE NO. 287, ALESSANDRA’S SMILE, INC., Appellant
United States Court of Appeals for the Third Circuit
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 98-01559)
No. 00-5124 Argued: Friday, September 22, 2000
Opinion Filed: October 23, 2000

HOPPER v. CITY OF PASCO
U.S. Court of Appeals for the Ninth Circuit
Case Number 98-35795 Date Filed: 02/15/2001

COMMONWEALTH (OF MASSACHUSETTS) vs. JOHN C. BEAN.
Supreme Judicial Court of Massachusetts
Docket no. SJC-08522
November 8, 2001. – January 28, 2002.

STATE OF IDAHO v. RAYMOND LLOYD MORTON
In the Supreme Court of the State of Idaho
Docket No. 29698, May 21, 2004

STATE OF MINNESOTA, RESPONDENT v. GARY LEE JOHNSON, APPELLANT
State of Minnesota, in Court of Appeals
AP09-68
Appeal from Clay County District Court
File No. 14-CR-08-1453
December 1, 2009

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010

PRIVACY

STATE v. JAHNKE
State of Wisconsin Court of Appeals District IV
Cir. Ct. No. 2006CF169, Portage County
Appeal No. 2007AP2130-CR
State of Wisconsin (plaintiff-respondent) v. Mark T. Jahnke (defendant-appellant)
Opinion delivered December 30, 2008

PUBLIC NUDITY

STATE OF FLORIDA v. KAREN N. MCCLENNAN
In the County Court in and for Hillsborough County, Florida
Criminal Division
CASE NO: 81-4520 DIVISION A
May 29, 1981

CALIFORNIA v. ERIC JOHN BOST
In the Superior Court of the State of California
in and for the County of Placer, Appelate Department
NO. 75689 May 16, 1989

STATE OF WISCONSIN v. CHAD R. ROWE
Wisconsin Court of Appeals
APPEAL from a judgment of the circuit court for Dane County:
Sarah B. O’Brien, Judge.
218 Wis.2d 166, 578 N.W.2d 210, 1998.WI.337
March 26, 1998

CENTRAL TEXAS NUDISTS et al., Appellants
v. COUNTY OF TRAVIS and LOWER COLORADO RIVER AUTHORITY, Appellees
Court of Appeals of Texas, Third District, Austin.
NO. 03-00-00024-CV Filed: December 7, 2000

TOWNSEND v. STATE
Indiana Court of Appeals
No. 71A04-0012-CR-563, June 19, 2001
750 N.E.2d 416, 2001.IN.0000400
APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable William C. Whitman, Judge
Cause No. 71D01-0005-CM-4219

STATE OF NEW JERSEY v. WILLIAM J. VOGT
A-5143-99T2
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION
Argued May 14, 2001 – Decided June 25, 2001

COLUMBUS v. BREER
[Columbus v. Breer, 2003-Ohio-2479.]
In the Court of Appeals of Ohio
Tenth Appellate District
No. 02AP-952, Decision rendered May 15, 2003

PEOPLE v. HUFFMAN
Michigan Court of Appeals
No. 252315 (Mich.App. 05/10/2005)
Appeal from Kent Circuit Court LC No. 03-002313-AR.
May 10, 2005

STATE v. NEAL
Michigan Court of Appeals
No. 252669 (Mich.App. 06/09/2005)
Appeal from the Chippewa Circuit Court
June 9, 2005

JO-BET, INC., d/b/a/ HENRY THE EIGHTH SOUTHÂ v. CITY OF SOUTHGATE
Civil No. 01-73493 MEMORANDUM OPINION AND ORDER
United States District Court for the Eastern District of Michigan
February 13, 2006
STATE OF SOUTH DAKOTA v. PLENTY HORSE
In the Supreme Court of the State of South Dakota
Appeal from the Circuit Court of the Second Judicial Circuit,
Minnehaha County, South Dakota
#24370-r-JKK 2007 SD 114
Considered on briefs August 27, 2007, OPINION FILED 11/07/07

PEOPLE OF THE STATE OF NEW YORK v. KATHLEEN NEILL
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
Dkt. No. 2009NY068946
DEFENDANT’S BRIEF
October 19, 2009

RATIONAL BASIS

WILLIAMS and BAILEY v. PRYOR
United States Court of Appeals for the 11th Circuit
No. 99-10798, D. C. Docket No. 98-01938-CV-S-NE
October 12, 2000

CENTRAL TEXAS NUDISTS et al., Appellants
v. COUNTY OF TRAVIS and LOWER COLORADO RIVER AUTHORITY, Appellees
Court of Appeals of Texas, Third District, Austin.
NO. 03-00-00024-CV Filed: December 7, 2000

BROWN v. MICHIGAN CITY, INDIANA
United States Court of Appeals for the Seventh Circuit
No. 05-3912
Argued April 6, 2006. Decided September 5, 2006

REAL ESTATE / PROPERTY

MARK v. OREGON
In the Court of Appeals of the State of Oregon
A114713, January 28, 2004
Glen D. Mark and Teri L. Powers, Respondents
v.
State of Oregon, on behalf of the Department of Fish and Wildlife; and State of Oregon, on behalf of the Division of State Lands, Appellants, and Naturist Action Committee, a national association, Intervenor-Below.
Appeal from Circuit Court, Columbia County. 96-2019; Ted E. Grove, Judge.

RECKLESSNESS

DAVID LACOUR, Appellant v. THE STATE OF TEXAS
In the Ninth Court of Appeals of the State of Texas
On Appeal from the County Court of Jefferson County at Law No. 3
Jefferson County, Texas, Trial Court No. 187999
No. 09-96-322-CR Submitted on May 7, 1998, Opinion Delivered November 18, 1998
OPINION CONCUR DISSENT

see also:

DAVID LACOUR, Appellant v. THE STATE OF TEXAS
In the Court of Criminal Appeals of Texas
On the State’s Petition for Discretionary Review
From the Ninth Court of Appeals, Jefferson County
NO. 1911-98 Delivered January 5, 2000
OPINION CONCURRING OPINION

see also:

DAVID LACOUR, Appellant v. THE STATE OF TEXAS
In the Ninth Court of Appeals of the State of Texas
No. 09-96-322-CR June 28,2000
OPINION ON REMAND
[NOT YET LINKED]

COLUMBUS v. BREER
[Columbus v. Breer, 2003-Ohio-2479.]
In the Court of Appeals of Ohio
Tenth Appellate District
No. 02AP-952, Decision rendered May 15, 2003

SECONDARY EFFECTS

DAYTONA GRAND dba LOLLIPOPS v. CITY OF DAYTONA BEACH
United States District Court, Middle District of Florida, Orlando Division.
[No. 6:02-cv-1469-Orl-28KRS] January 20, 2006

JO-BET, INC., d/b/a/ HENRY THE EIGHTH SOUTHÂ v. CITY OF SOUTHGATE
Civil No. 01-73493 MEMORANDUM OPINION AND ORDER
United States District Court for the Eastern District of Michigan
February 13, 2006

SEXUALLY ORIENTED BUSINESSES

RENTON v. PLAYTIME THEATERS, INC. ET AL.
U.S. Supreme Court 475 U.S. 41 (1986)
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 84-1360. Argued November 12, 1985. Decided February 25, 1986.

BARNES v. GLEN THEATRE, INC.
501 U.S. 560 (1991)
Certiori to the United States Court of Appeals for the Seventh Circuit.
No. 90-26. United States Supreme Court.
Argued January 8, 1991. Decided June 21, 1991

TILY B., INC. v CITY OF NEWPORT BEACH
In the Court of Appeal of the State of California,
Fourth Appelate District, Division Three
Filed 11/30/98; Pub order and mod filed 12/30/98

CITY OF ERIE et al. v. PAP’S A. M., tdba “KANDYLAND”
certiorari to the supreme court of pennsylvania
No. 98-1161. United States Supreme Court.
Argued November 10, 1999–Decided March 29, 2000

SCHULTZ v. CUMBERLAND
United States Court of Appeals For the Seventh Circuit
Nos. 98-4126 & 98-4209
Argued September 9, 1999. Decided September 26, 2000

ALAMEDA BOOKS, INC. v. CITY OF LOS ANGELES
U.S. Court of Appeals for the Ninth Circuit
Case Number: 98-56200 Date Filed: 08/28/00

LLEH v. WICHITA COUNTY [PDF FORMAT]
U.S. District Court, Northern District of Texas
Civil Action no. 7:00-CV-0042-R
Final Judgment: September 19, 2000 [PDF FORMAT]
Findings of Fact and Conclusions of Law: September 19, 2000
[PDF FORMAT – large file – NOT YET LINKED]
[SEE ALSO U.S. FIFTH CIRCUIT DECISION]

VILLAGE OF WINSLOW v. SHEETS dba CAFE 77
Supreme Court of Nebraska
No. S-99-1224 Filed February 9, 2001.

FLANIGAN’S ENT. v FULTON CO.
United States Court of Appeals, Eleventh Circuit
No. 00-11152, D. C. Docket No. 98-02441-CV-GET-1
February 20, 2001

LLEH, INC., Etc.; ET AL. v. WICHITA COUNTY, TEXAS
United States Court of Appeal for the Fifth Circuit
No. 00-11220
Appeal from the United States District Court
for the Northern District of Texas
April 22, 2002
[U.S. SUPREME COURT: CERT. DENIED DECEMBER 2, 2002]

PAP’S v. ERIE et al. (2002)
In the Supreme Court of Pannsylvania, Western District
Remand from the United States Supreme Court entered on
March 29, 2000, at No. 98-1161, 529 U.S. 277 (2000)
[J-159-2000] Decision December 19, 2002

DAYTONA GRAND dba LOLLIPOPS v. CITY OF DAYTONA BEACH
United States District Court, Middle District of Florida, Orlando Division.
[No. 6:02-cv-1469-Orl-28KRS] January 20, 2006

JO-BET, INC., d/b/a/ HENRY THE EIGHTH SOUTHÂ v. CITY OF SOUTHGATE
Civil No. 01-73493 MEMORANDUM OPINION AND ORDER
United States District Court for the Eastern District of Michigan
February 13, 2006

TOPFREE / WOMEN’S RIGHTS

NORTH CAROLINA v. JONES
7 N.C. App. 166, 171 S.E.2d 468 (N.C.App. 01/14/1970)
COURT OF APPEALS OF NORTH CAROLINA
Filed: January 14, 1970

NEW YORK v. SANTORELLI et al.
Court of Appeals of New York.
80 N.Y.2d 875, 600 N.E.2d 232
July 7, 1992. Opinion and Memorandum

UNITED STATES v. VIRGINIA et al.
No. 94-1941. U.S. Supreme Court
Certiorari to the United States Court of Appeals for the Fourth Circuit.
Argued January 17, 1996 Decided June 26, 1996 *
OPINION CONCUR DISSENT

STATE OF NEW JERSEY v. ARLENE E. VOGT
A-5140-99T2
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION
Argued May 14, 2001 – Decided: June 25, 2001

NEVADA DEPT. OF HUMAN RESOURCES v. HIBBS
No. 01-1368. U.S. Supreme Court
On Writ Of Certiorari To The United States Court Of
Appeals For The Ninth Circuit Court Below: 273 F. 3d 844
538 U. S. ____ (2003)
Argued January 15, 2003. Opinion: May 27, 2003.

CITY OF BOWLING GREEN v. BOURNE
In the Court of Apprals of Ohio
Sixth Appelate District
Wood County
Court of Appeals No. WD-07-007
Decision rendered October 26, 2007

MILLER v. MITCHELL
United States Court of Appeals for the Third Circuit
Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil Action No. 3-09-cv-00540)
No. 09-2144 Argued January 15, 2010
Opinion filed: March 17, 2010
OTHER

GORDON ECKER v. RAGING WATERS GROUP, INC.
No. B141916
In the Court of Appeal of the State of California
Second Appellate District, Division Four
(Super. Ct. No. BC211838), Filed March 23, 2001