Flutterby™! : inherently expressive

Judge tosses a blanket on topless protest Breasts Not Bombs told nudity not part of free-speech rights:

"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.

Doesn't the fact that there's a court ruling on the matter say something about the efficacy of the medium? I think there's some room to quibble about what "inherently expressive" means there.