This section contains the nature of the case and procedural background.

An Indiana law prohibited nudity in places of public accommodation. Glen Theatre wished to employ nude dancers. Under the Indiana public nudity law, the Glenn's dancers would be required to wear pasties and G- strings. The State does not provide any government interest in enacting the law. Glenn pursued injunctive relief to enjoin enforcement of the state law, asserting the law denied them Freedom of Expression under the First Amendment. The District Court held in favor of Petitioner. The appeals court reasoned that nude dancing should be accorded the same First Amendment protection as non-nude dancing and thus, reversed the decision of the District Court and granted the Respondent's injunctive relief. The U.S. Supreme Court reversed, upholding the city ordinance.

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