Preserving Access to Tattoos: First Amendment Trumps Municipal Ban in Anderson V. City of Hermosa Beach

Hyde, Richard, Brigham Young University Law Review

I. INTRODUCTION

In the Ninth Circuit's recent decision Anderson v. City of Hermosa Beach,1 the court held that a municipal ban on tattoo parlors violates the First Amendment. Particularly, the Ninth Circuit diverged from the rulings of other jurisdictions to conclude that the business, process, and nature of tattooing are purely expressive activities entitled to robust First Amendment protection. After more than thirty years of courts getting it wrong, the Ninth Circuit's opinion correctly reevaluates the purely expressive nature of tattooing to conclude that tattoos are protected speech. Nevertheless, while the Ninth Circuit's decision aptly interpreted First Amendment protection …

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Publication information: Article title: Preserving Access to Tattoos: First Amendment Trumps Municipal Ban in Anderson V. City of Hermosa Beach. Contributors: Hyde, Richard - Author. Journal title: Brigham Young University Law Review. Volume: 2011. Issue: 1 Publication date: January 1, 2011. Page number: 131+. © Brigham Young University, Reuben Clark Law School 2008. Provided by ProQuest LLC. All Rights Reserved.

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