Scalia receives lap dance at Washington National Opera. Is this protected speech?

October 26th, 2009

As you all should known Justices Scalia and Ginsburg are huge Opera fans.

From today’s Baltimore Sun, Ginsburg and Scalia onstage at Washington National Opera’s ‘Aridane,’  (H/T How Appealing):

Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia, who have been known to get in the act for WNO events, were up there among the supernumeraries, along with Martin Ginsburg (the justice’s husband), D.C. Congresswoman Eleanor Holmes Norton and philanthropist Adrienne Arsht. The audience particularly enjoyed the sight of the bubbly character.

But the most endearing image is of “Zerbinetta (performed by Lyubov Petrova), jumping into Scalia’s lap. You don’t see that everyday.”

Regarding the cozy seat, the Washington Examiner reports, “At one point, Russian soprano Lyubov Petrova sat on Scalia’s lap and placed her arm around him, causing the audience to burst into applause. Scalia says he can’t remember having more fun on stage.”

Justice Scalia found in Barnes v. Glen Theatre Inc. and ERIE V. PAP’S A.M. that nude dancing is not protected speech under the First Amendment. I wonder how Justice Scalia would consider this performance?