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100. Do the convictions violate the First Amendment?
To express their disagreement with a city ordinance prohibiting public nudity, a group of demonstrators performed a dance in the nude in a city park. The demonstrators were convicted of violating the ordinance.
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A is incorrect. This answer states the correct conclusion with incorrect legal reasoning. Demonstrating by nude dancing in the city park, which is a traditional public forum, is in fact expressive conduct protected by the First Amendment. However, the ordinance here is a content-neutral prohibition because it does not target any message conveyed by public nudity.
C is incorrect. While it is true that the city park is a public forum, the ordinance prohibiting public nudity is a valid, content-neutral restriction on the use of the park by demonstrators.
D is incorrect. Although the Supreme Court has held that nude dancing is expressive conduct protected by the First Amendment, the Court has also held that cities may ban nude dancing in particular and public nudity more generally. The ordinance here is a content-neutral prohibition as it does not target any message conveyed by public nudity.