Wednesday, November 26, 2003

Daubert and Nude Dancing

To sustain an ordinance regulating nude dancing against First Amendment challenge, a municipality need not produce "Daubert-quality evidence" that it tends to promote crime, prostitution, or other deleterious secondary effects, the Seventh Circuit ruled yesterday. Such a requirement "would impose an unreasonable burden on the legislative process," the panel held. See G.M. Enterprises, Inc. v. Town of St. Joseph, No. 03-1428 (7th Cir. Nov. 25, 2003) (Flaum, Wood, & Williams, JJ.).

posted by pn at 9:35 AM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.