Thursday, September 9, 2010
Tattooing Protected as Expressive Speech
The panel also added its own discussion of tattoos, including citation to a variety of sources, and the judges noted, “We do not profess to understand the work of tattoo artists to the same degree as we know the finely wrought sketches of Leonardo da Vinci or Albrecht Dürer, but we can take judicial notice of the skill, artistry, and care that modern tattooists have demonstrated.”
Given that tattooing was expressive activity, the panel applied strict scrutiny, rather than the lesser standard for expressive conduct. The panel thus inquired into whether the ban
- is “justified without reference to the content of the regulated speech”;
- is “narrowly tailored to serve a significant governmental interest”; and
- “leave[s] open ample alternative channels for communication of the information.”
The panel rejected the argument that alternative means were satisfied by the possibility of "applying the exact same words, images, and symbols to skin, such as airbrushing or the use of natural henna paste to create temporary tattoos,” or that the tattooist could render his designs on a traditional canvas or other media, such as a T-shirt.
In sum, we hold that the tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment. We further hold that the City’s total ban on tattoo parlors in Hermosa Beach is not a reasonable “time, place, or manner” restriction because it is substantially broader than necessary to achieve the City’s significant health and safety interests and because it entirely forecloses a unique and important method of expression.
RR
[image via]
https://lawprofessors.typepad.com/conlaw/2010/09/tattooing-protected-as-expressive-speech.html
I agree and think that whilst tattoos are not for everyone, banning them seems rather unjustified. Temporary tattoos, like henna or airbrushing is great, but some people don't want to have to continually re-apply their tattoos, hence they have permanent tattoos.
Posted by: Tracey - Temporary Tattoos | Oct 24, 2010 10:27:09 AM