Barbie Can Get a Tattoo, Why Can't I? First Amendment Protection of Tattooing in a Barbie World

 Nearly one in four American adults under the age of fifty has a tattoo. ¹ Modern tattoos may commemorate important events in our lives, like the birth of a child or the death of a loved one; they may signify passionately held beliefs, through a peace sign or a Gadsden Flag; they may pay tribute to one's heritage; or they may simply be a reminder of youthful indiscretions. ²

The culture of tattoos has shifted greatly over the last fifty years; once seen as symbols of a countercultural movement, tattoos have pushed their way into the mainstream. At one point, tattooing was one of the fastest-growing retail businesses in the United States. ³ Tattoo parlors, once viewed as hangouts for bikers, dropouts, and convicts, have to an extent transformed into high-end tattoo studios frequented by everyone from Hollywood's rich and famous to middle-aged soccer moms. ⁴ America's recent embrace of tattooing has even spurred the creation of television shows, like L.A Ink, which draw millions of viewers into the world of custom tattooing. ⁵ In 2009, one of the most mainstream symbols of Americana, Barbie, got into the act when Mattel introduced Totally Stylin' Tattoos Barbie, who came complete with forty unique tattoos for both Barbie and the doll owner. ⁶

With the spread of tattoos came the spread of tattoo regulation. Government regulation of tattooing began to take root in the 1930s and 1940s. ⁷ Possibly the most important precipitating event in tattoo regulation, however, was a hepatitis outbreak in New York City in the early 1960s that was attributed to an unsanitary tattoo parlor on Coney Island. ⁸ The regulation of tattooing has taken many different forms, including special licensing procedures, ⁹ zoning restrictions that effectively create a total ban, ¹⁰ and restrictions requiring that tattooing only be administered by medical professionals.

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