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Nov 21, 2016 6:35 PM

Court denies motion to dismiss case against topless Free the Nipple protesters in NH

NH1.com

A motion to dismiss the case against the women who went topless at Weirs Beach in a Free the Nipple protest earlier this year was denied Sunday.

READ: 'Free the Nipple' supporters file motion to dismiss topless Weirs Beach case

The defendant's argument stated that there were no state laws in New Hampshire forbidding female toplessness, and that this was a case of gender-based discrimination because men are not expected to cover their nipples. He also argued that the actions of the women were protected under the First Amendment of the U.S. Constitution.

However, the refusal to dismiss the case stated that the city ordinance preventing female toplessness was a restriction on conduct, not content of opinion.

The counter-argument to the point about gender-based discrimination cited the following quote: "Protecting the public sensibilities is an important government interest based on the indisputable difference between the sexes."

The defendants argued that this difference was not indisputable.

Read the full ruling here.

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