Legal aspect of male/female nipples
<p>Based on US law, how can authorities (judges, police) deal differently with a male vs a female showing their nipples in public (or picture)?</p>

<p>Is there any explicit mention of a legal difference between both? Doesn't a distinct legal reaction to a topless male and a topless female imply discrimination?</p>

<h2>Because the law says they can</h2>
<p>This is a state matter and laws differ; some states prohibit exposure of genitals and female nipples, some allow nudity unless there is an intent to arouse or shock.</p>
<p>Notwithstanding, prosecution is on the basis of the applicable law.</p>
<p>The <a href="https://en.wikipedia.org/wiki/Equal_Protection_Clause" rel="nofollow noreferrer">Equal Protection Clause</a> makes laws that discriminate on the basis of sex without rational basis unconstitutional. I am unaware of any litigation to that effect but there is an argument that the discrimination has a rational basis in that US culture treats female nipples as erotic but male nipples as not.</p>

sex-discrimination