Laws about Nudism

United States:
bullet Federal law: No federal US federal law that either allows or prohibits nudity. The courts have not ruled whether the right to engage in naturism is guaranteed by the Constitution under its freedom of expression provision. Thus, the legality of various forms of undress is currently left up to the individual states and localities to decide. Nudity is generally allowed in some areas of some national parks, unless local laws have overriding jurisdiction.

In 1981 (Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65-66), the U.S. Supreme Court ruled on nudity, as it appears in movies, plays and TV. They found that: "Entertainment, as well as political and ideological speech, is protected; motion pictures, programs broadcast by radio and television, and live entertainment, such as musical and dramatic works, fall within the First Amendment guarantee ... Nor may an entertainment program be prohibited solely because it displays the nude human figure. 'Nudity alone' does not place otherwise protected material outside the mantle of the First Amendment." This might be interpreted as protecting a naturist's right to engage in a nude demonstration or public performance on a beach. But the ruling does not appear to cover simple nudism.

A photograph of nudists might be considered an innocent picture by some people, an erotic photo by others, and pornography by still others. U.S. law restricts, and in some cases criminalizes, child pornography. Included are books, magazines, periodicals, films, video tapes. Child pornography is carefully defined in federal law as "any visual depiction, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct." 4
bullet State laws: In Alabama, a law is on the books which prohibits lobbying in behalf of nudism. It is clearly unconstitutional and could not withstand a court challenge. The law is not being enforced at this time.
bullet Local laws: A referendum in Newport, Maine, was conduced at the time of the 1998-NOV-3 elections. It would have asked selectmen in the city to ban the display of "female breasts ... visible from a public way." The proposal was defeated. The vote was triggered by complaints about a resident mowing her lawn while topless.

Canada: Two federal laws (Section 173 and 174 of the Criminal Code) apply across the country.
bullet Section 173 prohibits "indecent acts" done either:
bullet in a public place, or
bullet in any place, if done with the intent to "insult or offend"

It also forbids "exposure of genital organs" for a "sexual purpose" to someone under the age of 14. As is common Canadian practice, Parliament leaves the exact definition of these terms up to courts to decide. Various Provincial courts have decided that:
bullet simple nude sunbathing is not indecent.
bullet streaking is not prohibited under the law.
bullet the inside of a car can be a public place if it is viewable from the street.
bullet the doorway of a home can be a public place.

bullet Section 174 prohibits being "so clad as to offend against public decency or order" while exposed to public view. Courts have decided that nude swimming is not within the range of this law. This section seems to have been used mainly against nude and semi-nude performances in commercial establishments.