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GLEN THEATRE, INC. v. PEARSON

No. 85-3029.

802 F.2d 287 (1986)

GLEN THEATRE, INC., an Indiana Corp.; Gayle Ann Marie Sutro and Carla Johnson, Plaintiffs-Appellees, v. Linley E. PEARSON, Attorney General of Indiana, and Michael P. Barnes, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

William E. Daily, Asst. Atty. Gen., Indianapolis, Ind., for defendants-appellants.

Charles A. Asher, Lysohir, Singer & Asher, South Bend, Ind., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and NOLAND, Chief District Judge.

CUMMINGS, Chief Judge.

This appeal calls into question the validity of Indiana's public nudity statute, Indiana Code § 35-45-4-1. The plaintiffs protest that the breadth of the statute chills their First Amendment right of free speech. The district court agreed and permanently enjoined defendants from enforcing the statute. Because the Indiana Supreme Court has interpreted the statute to protect First Amendment expression, we reverse and remand.

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