Court cases uphold nudity as a form of protest.Article of May 12, 2012 Oregonian

Oops, I tried to copy and past the article below, but it seemed to not really work so here is the link.
http://www.oregonlive.com/portland/index.ssf/2012/05/man_who_stripped_naked_at_port.html

Man who stripped naked at Portland International Airport digs in for a fight -- plans to go to trial next month

Published: Wednesday, May 02, 2012, 10:55 AM     Updated: Wednesday, May 02, 2012, 11:55 AM

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View full sizeRoss William Hamilton/The OregonianJohn

Brennan said he was exercising his freedom of expression at Portland

International Airport on April 17. But, he said: "I'll only strip down

like this once. I have to fly. I don't want to end up on some no-fly

list." A

49-year-old man who gained international attention after stripping

naked at a Portland International Airport security checkpoint plans to

fight a misdemeanor accusation of public indecency in trial -- saying he

shouldn't be charged with a crime for exercising his constitutional

right to protest.

John E. Brennan had the option Wednesday morning of entering

Multnomah County Circuit Court's community court program, which would

allow his misdemeanor to be treated like a citation. He would be

required to plead guilty. He also likely would be ordered to do

community service and write an apology letter. But Brennan and his

attorney, Michael E. Rose, told a judge that they wanted to go to trial.

"His (letter of) apology would be more of an explanation and so

community court is simply not appropriate for him because he has said 'I

didn't do anything wrong,'" Rose said, after the brief hearing.

Rose said one of two things will happen next: The district attorney's

office will dismiss the charge or Brennan will go to trial, as early as

mid-June.

"Community court is the easy way out," Rose said.

Brennan is charged with "indecent exposure," a Portland city

ordinance that says it's unlawful for "any person to expose his or her

genitalia while in a public place or place visible from a public place,

if the public place is open and available to persons of the opposite

sex." State law allows nudity -- as long as it isn't done to sexually

arouse oneself or others.

TheOn April 17 at about 5:35 p.m., he was on his way to catch a plane

for a business trip to San Jose, Calif., when he chose not to go through

one of the new security machines. A Transportation Security

Administration agent patted him down, then rubbed him with a small piece

of paper, which he was then told tested positive for explosives,

Brennan said. Brennan said he found that "ridiculous," and so he

stripped off all his clothes to show that he didn't have a bomb.

Bystanders caught the scene on camera.

Brennan retained Rose as his attorney. Rose wouldn't reveal details

of his legal strategy, but clearly he and his client could fight the

charge by saying his actions were a constitutionally protected form of

expression.

In 1985, the Oregon Court of Appeals ruled in City of Portland v.

Gatewood that appearing nude in public can be a protected form of

expression -- if it's done in political protest. The court said each act

of nudity should be considered on a case-by-case basis.

In, also under the same city ordinance with which

Brennan is now charged. Michael "Bobby" Hammond, then 20, stripped off

all his clothes and went for a two-minute ride through the Alberta Arts

District -- he said to make clear that nothing was powering his mode of

transportation but his own unadulterated body. Police saw it as a stunt,

and arrested him. The scene was recorded by a bystander on video.

The judge's ruling made national headlines.

"It's been well-known since Lady Godiva that the shock value of

nudity can be a very important protest," LaBarre said, referring to the

legend of a noblewoman who rode naked on a horse through the streets of

Coventry in England to protest her husband's oppressive taxation of the

people.