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The second argument can be claimed to contradict the first (though I think it does not); but it certainly does not waive or abandon it
from the top result below
https://caselaw.findlaw.com/us-supreme-court/501/560.html
The CHIEF JUSTICE, joined by JUSTICE O'CONNOR and JUSTICE KENNEDY, concluded that the enforcement of Indiana's public indecency law to prevent totally nude dancing does not violate the First Amendment's guarantee of freedom of expression