Should a town be allowed to have decency laws based on stricter cultural standards than the National norm?

Question

or even less strict?

Should America allow itself to have practically puritanical fundamentalist towns and nudist anything goes towns?



Why does a country as big as America have to have across the board values, so that a few religio-political and fashion tycoons can tell us how to spend our money?

Answer 1

"Decency" is a matter of opinion, and legislating it is very dangerous, and, for the most part, a waste of time and effort.

It is a good idea to have laws that protect the community from unsanitary practices, and these laws may overlap with some people's concept of "decency;" for example, a law stating that restautant staff may not prepare, handle, or serve food in gym shorts or short shorts makes sense for sanitation reasons.

But a law prohibiting a woman from stepping out the front door momentarily to pick up the newspaper without a shirt on would be ridiculous. And in fact, though most people don't know it, that is not illegal in most places. A law against discreet public nursing of babies is very oppressive, and those who object to nursing in public need to get a life.

Another good test is freedom of speech or freedom of expression. One person's "indecency" might not even be noticed by the next 37 people. Enforcing such a law might be nonsensical, which would render the law unenforceable.

So yes, there is a "national norm." Most women would not want to go topless, even if they knew it was legal. Most people scratch their private parts discreetly, even though there is no law against scratching yourself in the middle of the sidewalk.

Most people are decent enough, without having to be controlled by people with particular fears or prejudices.

Answer 2

Yes, because all law and politics is local.
The Supreme Court said that the definition of obscene and prurient are established by the community. The community could be as small as a village or as large as a state.
What in the world does the "National Norm" have to do with the subject.
What is the "National Norm?" Who established it?

Answer 3

No. Decency is an opinion, which should not be legislated.