Paps' A.M. v. City of Erie: The Wrong Route to the Right Direction

This note will examine the Pennsylvania Supreme Court’s decision in Pap’s A.M. v. City of Erie, by looking at the policy behind the decision, while also examining the decision in light of the previous United States Supreme Court decision in Barnes v. Glen Theatre. The note will examine why the decision in Pap’s A.M. was an unnecessary misinterpretation of the United States Constitution. It will examine how and why the Pennsylvania Supreme Court could have settled the issue of nude dancing in Pennsylvania and avoided review by the United States Supreme Court by deciding the case under the Pennsylvania Constitution instead of the First Amendment to the United States Constitution. Finally, this note will examine the ramifications of this choice of law when the United States Supreme Court hears this case during the 1999-2000 term.