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  1. would be constitutionally unproblematic (nonexpressive public nudity in bars as in other places would fall under the legitimate ban of the state’s statute) and would take care of the only social problem plausibly associated with nude dancing, a statewide ban on such dancing, applicable to theaters as well as to bars, violates the First Amendment. It is not saved by an exception for expressive dancing, when the exception excludes striptease dancing, which is expressive whether or not one likes what is being expressed. The intermediate regulation would be a statewide statute forbidding nude dancing (and other nude performances) in bars only; such a statute would be constitutional by virtue of the Twenty-First Amendment as it has been interpreted. Can the application of the statute to dancing in theaters as well as in bars be saved by reference to the “general effect” of a regulation that restricts speech incidentally?

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