Nude Dancing, The Supreme Court and a Bit of My Life

by C Howard Diaz

Originally published Mar 31, 2013

In my book I try to make my case that our Constitution is NOT a moral document, it is a political document. As such, its only purpose is to insure freedom for American citizens from the possibility of a tyrannical government. There are NO moral issues discussed in the Constitution.

If you don’t believe me, read the original Constitution and Bill of Rights for yourself. You will find one mention of what could be interpreted as a moral issue and that is in Article 1, Section 8, which states that Congress is:
“To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;”

So maybe we can say “counterfeiting the Securities and current Coin of the United States;” is an immoral act, but it’s not at the level I’m trying to discuss.

Considering what’s happening today, we should be asking ourselves, how did we get here?

In the example I used in my book regarding nude dancing, I tried to make the point that an idiotic decision made by the Supreme Court extended the right of free speech to nude dancing. Sounds stupid doesn’t it? BUT not to a UPS reporter at the time.

Supreme Court May Have To Dance Around Question Of Freedom Of Expression


February 6, 1991|By JAMES J. KILPATRICK, Universal Press Syndicate

The line is a blur. The Constitution protects free “speech,” but manifestly some forms of speech are not spoken — silent picketing, for example, or silent praying, or the wearing of symbolic armbands. Is a striptease speech? What about nude dancing in the Kitty Kat Lounge in South Bend, Ind.?

With commentary like that opening up “forms of speech are not spoken,” you can well imagine our justices in black robes must have been in a tether because they now had a brand new right of unspoken speech to consider.

And so they did.

Here are three of their comments as they upheld the right to dance totally nude under the first amendment.

Nude dancing of the kind sought to be performed here is expressive conduct within the outer perimeters of the First Amendment,” — Chief Justice William Rehnquist

Pasties and a G-string moderate the expression to some degree” — Justice David Souter

Nude dancing conveys an erotic message,” and “the message would be muted if the dancers wore pasties and G-strings.” — Justice Byron White

Do any of you buy any of this warped reasoning?

I mention these kinds of “interpretations,” by our Supreme Court, to show you how the people who wish to undermine our Constitution are doing it. They first started by introducing “moral” decisions to a document that was not intended to address moral issues. That meant they had to disguise their decisions with legal speak so it would appear to be a rational decision.

They have done it with other decisions that have nothing to do with morality, but they learned how to twist the words our forefathers wrote to achieve their goals.

I say the Constitution gives States and the People of those States the authority to make any law concerning any moral value and the federal government must stay MUTE!

AND I say the Supreme Court MUST enforce the States right to do so!

I say that the 14th Amendment does not allow the Supreme Court to over ride any State Constitutional Amendment that is voted for by the people of said State.

I believe the Supreme Court cannot create law as they did with the Incorporation Doctrine within the 14th Amendment. The authority to create law was only given to Congress and the People. I know Ron Paul agrees with me on this point.

I also believe the States or the People cannot vote to bring back slavery because the 13th Amendment bans it specifically.

I know these things not because I am a Constitutional scholar, I only went to the 12th grade. But I am a man who lived in America and tasted true FREEDOM at a young age!

I tasted freedom when at nine years of age I was able to go to work at 6:00 AM and count tortillas, in to one dozen stacks, coming off of an automatic tortilla maker. I did it because my mother needed the money and I wanted to help. I worked until 8:30 AM and ran to school by nine. Or maybe it was I worked until 7:30 AM and ran to school by eight, who cares?

I tasted freedom when between nine years of age and fifteen, I pumped gas, washed cars, sold lemonade, cleaned yards and did whatever I could do to make money and gave it all to my mother. All illegal today. I also sold newspapers.

I think I sold about one hundred newspapers a day, on the corner “I” owned, and I think I made about two cents a newspaper, so with tips I probably made about $3.00 a day. On Friday nights and Saturdays I shined shoes.

I did all these things between nine and fifteen years of age because at age four my father committed bigamy, a situation I knew nothing about except he was gone. My mom was NOT a single mom, she was a divorced woman. Single moms were created by the government for women who never married to keep them from the arms of their family by giving them a welfare check.

I also did all those things because my mom made me. Initially I didn’t like getting up at 5:00 AM to go count tortillas, it was work. But after a few months when the owner let me wait on a customer, ring up the cash register and make change I got a giant dose of self pride. I was so proud of my self I floated to school and suddenly it wasn’t work any longer.

As I grew older I didn’t have time to get involved with gangs, drugs, sports or anything that wouldn’t make money to help my mom. We were poor, but I never knew it until I started Junior High School. We always lived in a rented house and never owned a car. I always had some food and a warm bed.

For awhile in Jr. High I teamed up with my grandmother who made me bean burritos, meat and potato burrito’s and breakfast burritos and I was selling them to the kids at school. This was before the term “burrito” existed. How many of today’s laws does that break?

My weekly contribution was probably about $15.00 to $20.00 a week. That may not sound very important, but our monthly rent was $25.00 a month.

At fifteen I was a journeyman produce clerk in the Retail Clerks Union making $3.30 per hour. Imagine that, at fifteen I was a journeyman, the highest pay grade in the union. Men forty or fifty years of age made as much as I did at fifteen.

I gave that money to my mother until, by age sixteen, I figured out I was getting the short end of the stick. My mother wasn’t working when I realized how much I was making, so I put her on a budget and paid her what I thought was fair for my monthly room and board. At sixteen I bought my own car, a 1941 Ford Coupe. I was king of the hill with money in my pocket.

I may sound like I was an ungrateful son, but when I quit giving her my entire check she got a job. We were never on any kind of welfare. No one in my family, back then, ever accepted any handouts. Unemployment was not an option, to accept it was admitting failure.

We never had any kind of health insurance, it wasn’t an option back then. But I will never forget Dr. Danny, who was always there when I needed a doctor. We paid him what we could and he did what he took an oath to do. We didn’t need a government health care plan then and we don’t need government health care now. We need to get the government out of our health care and quit driving the cost of health care to the moon.

More importantly, I was able to do all these things because the federal government was not yet there to protect me. The federal government had not become the nanny state it is now, mainly because I grew up before they passed a minimum wage law. That one law put more teens out of work than any other thing the government has done. It should be struck down, where in the Constitution does it give the federal government that kind of authority?

I didn’t want any protection then and I don’t want it now for my grandchildren but they’re screwed. They are not able to do any of the things I did as a child and early teen because Big Brother won’t let them. As a result, most kids today don’t even know or have a work ethic.

But then, I’m an old fogey who grew up in the forties who believes the federal government and the Supreme Court have overstepped the bounds our forefathers intended.

AND they are doing it one Supreme Court decision at a time. Don’t you think it’s time to stop? That’s why I started this diatribe with those statements about nude dancing. and the stupidity of the misinterpretations by the Supreme Court.

As I state in my book, “A Charter Of Negative Liberties, Defining the Bill of Rights”

Some time ago, I was told that one of our forefathers had said that the Constitution would only last as long as the people trusted the Supreme Court. Well, I don’t trust the Supreme Court anymore, and I guess I haven’t for quite some time.

I recently realized that I not only do not trust the Supreme Court but also no longer trust anyone who swears to defend the Constitution and doesn’t, in fact, defend it, I guess that means many involved in the federal government. I have my reasons.


Congress did provide for the Punishment of counterfeiting the Securities and current Coin of the United States. In 1798 they passed the Coin Act and it provided the DEATH penalty for anyone found guilty. Our Founder’s didn’t have a problem with the death penalty.

Times certainly have changed, haven’t they?