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Federal court prohibits state from blocking protest involving 'living nude peace symbol'
February 13, 2003
WEST PALM BEACH ? In an court order issued late today, U.S. District Court Judge Donald M. Middlebrooks prohibited the State of Florida from preventing or interfering with a nude, anti-war protest scheduled to take place Friday at a state park in Palm Beach County.
The State of Florida sought to block a portion of an anti-war demonstration involving the creation of a peace symbol comprised of nude bodies. The nude demonstration is scheduled to take place from 11 a.m. to 1 p.m. February 14 at John D. MacArthur Beach State Park on Singer Island in Palm Beach County. Organizers intend to have the nude peace symbol documented by photographs and artistic sketches.
The American Civil Liberties Union (ACLU) of Florida went to court to defend the free speech rights of plaintiffs T.A. Wyner, a Ft. Piece naturist who will choreograph the nude demonstration involving the creation of a peace symbol, and George T. Simon, a videographer who plans to attend the event.
"The image that will be conveyed tomorrow is not mere nudity, but political protest against the government's plans for war," said Randall Marshall, Legal Director of the ACLU of Florida. "For these demonstrators nudity is an essential part of their political expression."
In an 11-page order granting the plaintiffs' motion for a preliminary injunction, Judge Middlebrooks ruled that "nude overtly political speech in the form of a 'living, nude peace symbol' is expressive conduct well within the ambit of the First Amendment."
The court also ruled that the state would be free to erect signs notifying the public that the nude demonstration would be taking place, or as they have done in the past, erect screens around the demonstration.
CONTACT:
T.A. Wyner at 772-465-5658 or Howard Simon,
ACLU-FL Executive Director, 786-208-7203
