Recreational dancing is not universally protected. Therefore, Lapham cannot rely solely on the perceived violation of First Amendment rights in this case.
Plaintiff Rebecca Willis sought protection for her rights to dance provocatively in public. Lapham, on the other hand, seeks protection for his right as a bar owner to let his patrons move and sway to music as they please.
In other words, the town of Marshall, NC did not restrict dancing in itself; it only sought to monitor the type of dancing that took place. If a new form of dancing evolved that involved punching strangers, that too could be restricted but would have no bearing on whether citizens have the right to move and sway.
Lapham cannot rely on Fourteenth Amendment arguments either, as there may be no evidence that the city of New York is discriminating against his license application. However, there is no reason why the city should put a cap on how many bars permit dancing within their premises.
Application to Facts
There is no reason why self-expression must essentially entail the "right to listen," as was suggested in the Willis v. Town of Marshall, NC case. An artist has the right to paint whatever she likes regardless of whether another soul sees the painting. Similarly, citizens have the...
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