Supreme Court of the United States

City of Erie v. Pap’s A. M., Tdba “kandyland” — Scalia, J., Concurring

March 29, 2000529 U.S. 277

Summary

Justice Scalia concludes the case is moot due to the respondent's voluntary cessation of operations and would dismiss it for want of jurisdiction, though he agrees with the majority that the ordinance should be reversed. He argues the law regulates public nudity as general conduct rather than expressive activity, making it immune from First Amendment scrutiny.