In the case of New York State Liquor Authority v. Bellanca, DBA The Main Event et al., 1980, the U.S Supreme Court upheld a New York law that prohibited topless dancing in establishments selling alcohol. The court ruled that states have broad power to regulate liquor sales and can ban activities they believe may encourage rowdy behavior or other problems associated with drinking. This decision overturned an earlier ruling by the state's highest court which had struck down the law as violating First Amendment rights to freedom of expression. In its judgment, however, the Supreme Court emphasized that it was not deciding whether nude dancing is protected as free speech under other circumstances but only within context where alcoholic beverages are sold.

In the dissenting opinion for New York State Liquor Authority v. Bellanca, Justice Brennan, joined by Justices Marshall and Stevens, argued that the majority's decision was a misinterpretation of both precedent and the 21st Amendment. He contended that previous cases had established a clear principle: states cannot use their powers under the 21st Amendment to bypass constitutional protections in other areas. In this case, he believed that New York's law banning topless dancing in establishments selling alcohol violated First Amendment rights to freedom of expression. The state could regulate conduct related to alcohol consumption but not suppress artistic expression at venues where alcohol is served. Furthermore, he disagreed with the majority’s view about potential secondary effects such as crime or disturbances; these should be addressed through targeted laws rather than broad censorship measures which infringe upon free speech rights.