
The Utah Supreme Court (4-1) upheld the a tax on nude dancing. What other speech the majority doesn't like will be taxed, and maybe taxed at such a high level that it has a chilling effect on any speech objected to by the majority?
Chief Justice Christine Durham dissented.
"This First Amendment protection of nude dancing is clear. It does not dissipate in the face of majority opinion or government decree," she wrote. "Nor is it lessened because the expression is 'not very important,' 'shabby, offensive, or even ugly.'"
Read the complete story here.
Click Here >> http://www.sltrib.com/news/ci_13846374This tact is an end run around the First Amendment by taxing the establishments into oblivion. What I find very interesting is that there are very few Nude, Topless and GoGo establishments in Utah. So why is so much energy being spent to tax or outlaw these establishments? The opponents of this method of expression claim it is morality that they are enforcing. But who's morality? As of yet, there has not been any evidence that there is a compelling reason for government to restrict this style of free expression. No research has shown higher sexual assaults or violence directly attributable to nude dancing establishments. The argument of secondary harm to property values has been proven false by several studies around the country. So why do so many cities use zoning and taxes to suppress nude expression? I have heard the argument that nude dancing is not speech because it might excite erotic emotions. However there are many a painting and statue created by the great masters of centuries past that can excite the same emotion, are they taxed or zoned into oblivion? Of course not, we accept them as art. But is not a person dancing also Art, regardless if in a leotard, Toto, or nothing a all (nude)?
If the tax is because of the need for tax revenue, then tax religious Free Speech as well, taxes should not be selective in the same category. Just think how much revenue can be obtained from all the religious events, like General Conference attendees, firesides, sacrament meeting, Sunday school, etc. Education could be fully funded and Utah would not be at the bottom of the expenditure per pupil in the nation.
After all, fair is fair...
Here is an alternative method of generating tax revenue from SEX. Legalize prostitution and bordellos, then tax them (reasonably, the same as other service businesses), as it is now a service, not free speech expression by dance. Though it might be said that Sex is an expression of passion and/or lust. Some serious tax revenue can be obtained with this model. But again it is immoral, according to most American Judao/Christian churches and the arch social conservatives; who after all runs this state.
No comments:
Post a Comment