Why the ‘Free the Nipple’ Win in Court Is a Loss for Women

A federal appeals court thinks there’s no difference between a man’s bare chest and a woman’s naked chest—and, despite what some feminists are saying, that’s bad news for women.

Ignoring the real biological differences between men and women strips women of our rights to physical privacy. And even as more and more women are speaking out about their experiences of sexual harassment, the ruling of the U.S. Court of Appeals for the 10th Circuit—that’s likely to be appealed to the Supreme Court—tells them that those experiences are not legitimate.

As part of the #MeToo movement, women have shared wrenching personal stories of sexual harassment, ranging from unwelcome comments and touches to the extreme of rape.

Thousands of women have related stories of the trauma they experienced because of unwelcome looks, comments, and physical contact with their breasts. These women know, innately, that their breasts are intimate, sexual parts of their bodies, and when their breasts aren’t respected, women suffer serious emotional harm.

But on Feb. 15, the federal court upheld an injunction that prohibits the city of Fort Collins, Colorado, from enforcing a law that prohibits females 10 years old and older from going topless in public.

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