Why is nudism illegal in Arkansas?

Arkansas has beautiful secluded areas, but it’s the only state in the United States where nudism is totally illegal. 

On January 26, 1957, a man, who was with a few friends, was arrested for being nude ON HIS OWN

PROPERTY.  Not only was the property privately owned, it was in a remote area and fenced in.  This shows he was going out of his way to ensure privacy for himself and to ensure others would not be offended.  Nonetheless, the Attorney General claimed the incident constituted “indecent exposure”. Fortunately, the man could not be charged because the indecent exposure law did not apply to an enclosed area on private property. 

HOWEVER, as a result of this incident, Arkansas legislators decided it was better to criminalize First Amendment rights than to tolerate a form of recreation they did not understand.  And it didn't take them long... Arkansas law § 5-68-204 was passed less than a month later.  It defined nudism as “the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one one or more persons of the opposite sex as a form of social practice.”  The law then specifically targeted PRIVATE PROPERTY and made it illegal to participate in or even TALK about the subject... “It is unlawful for any: (1) Person, club, camp, corporation, partnership, association, or organization to advocate, demonstrate, or PROMOTE nudism; or (2) Person to rent, lease, or otherwise permit his or her land, premises, or buildings to be used for the purpose of advocating, demonstrating, or promoting nudism.” 

One would think that to find a law which violates principles as basic as freedom of speech and the right to privacy in your own home, you would need to look in places like China, North Korea, or the Middle East, but we are doing it right here in the heartland of the United States.  So in the state of Arkansas, TALKING about nudism is a serious crime. 

This is not just a "naturist" issue.  If "We The People" allow free speech to be outlawed on a given topic (any topic), then other governments (local, state, or federal) can use this as a precedent to prevent citizens from discussing other topics. How many of our veterans have sacrificed their lives to keep us free?  Are we really going to throw all of that away so a portion of our society can feel self-righteous?! 

But I would like to point out that no one has been arrested for breaking this law in a long time. But the law is still in effect and it must change. This means most Arkansas naturists have to travel out-of-state just to relax au naturel. Local lawyers who live in Arkansas please address this to your local representatives or start an online petition. It is clearly unconstitutional and can probably be eradicated swiftly with all of our efforts. 


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