Nite Moves owner Stephen Dick says a tax on a freedom of expression like lap dancing violates the First Amendment. Dick petitioned the Supreme Court to hear his case after New York's highest court ruled lap dancing shouldn't get the same tax-exempt status as ballet or Broadway dancing.
To make his case, Dick hired Robert Corn-Revere, a nationally recognized free speech lawyer who defended CBS after the flap involving Janet Jackson's exposed nipple during a Super Bowl half-time show.
Their Supreme Court petition argues that taxing lap dances and not other types of dance amounts to “content-based discrimination.” From the petition, courtesy of The Daily Gazette:
It is difficult to overstate the threat to free expression posed by the government’s misuse of power to levy taxes based on the content of speech or the identity of the speaker.