Some Sanity to First Amendment Jurisprudence?

In California, no less:

A federal judge denied on Friday a request from a group of Mendocino women who wanted to protest topless on the grounds of the state Capitol.

U.S. District Judge Garland Burrell said the group made no compelling argument that showing their breasts constitutes free speech.

"Being topless is not inherently expressive" speech, Burrell said. The group, Breasts Not Bombs, had scheduled a protest for noon Monday. The California Highway Patrol threatened to arrest anyone who went topless.

Link.