The vast majority of states actually have laws on the books making clear that women can’t be arrested under state law solely for being topless in settings where it’s OK for men. But many local ordinances ban the practice anyway. And there’s plenty of grey area for police officers to make their own interpretations and make arrests for “public indecency” or “disorderly conduct.”
Celebrities like Chelsea Handler and Miley Cyrus have been public critics of what they call a double-standard that women face when it comes to going shirtless, and have tried to get Instagram to stop taking down photos of breasts, garnering some support with the hashtag #FreeTheNipple. Scout Willis, daughter of the actor Bruce Willis, recently illustrated the point that women are technically permitted to walk the streets of New York City topless—but not to post topless photos on Instagram—by posting shirtless photos of herself on city sidewalks to Twitter.