Testing legal assumptions regarding the effects of dancer nudity and proximity to patron on erotic expression

A field experiment was conducted in order to test the assumptions by the Su preme Court in Barnes v. Glen Theatre, Inc. (1991) and the Ninth Circuit Co urt of Appeals in Colacurcio v. City of Kent (1999) that government restric tions on dancer nudity and dancer-patron proximity do not affect rite conte nt of messages conveyed by erotic dancers. A field experiment was conducted in which dancer nudity (nude us. partial clothing) and dancer-patron proxi mity (4 feet; 6 in.; 6 in. plus touch) were manipulated under controlled co nditions in an adult night club. After male patrons viewed the dances, they completed questionnaires assessing affective states and reception of eroti c, relational intimacy, and social messages. Contrary to the assumptions of the courts, rite results showed that the content of messages conveyed by t he dancers was significantly altered by restrictions placed on dancer nudit y and dancer-patron proximity. These findings are interpreted in terms of s ocial psychological responses to nudity and communication theories of nonve rbal behavior. The legal implications of rejecting the assumptions made by the courts in light of the findings of this study are discussed Finally, su ggestions are made for future research.