by Robert Lederman , October 14, 1996
Provided through OPENAIR-MARKET NET
On 10/10/96 the 2nd Circuit Federal Appeals Court totally affirmed the position of A.R.T.I.S.T. on free speech. The court ruled that visual art is equal to written expression as a form of "speech"; that artists can sell their art on the street as well as display it; that they need no license or permit to do so; and that the public has its own First Amendment right to view and buy art on the street as an alternative to galleries and museums.
The ruling was hailed by constitutional authorities as one of the most sweeping First Amendment decisions in American history. This decision will guarantee First Amendment protection for artists, art dealers, museums, film makers etc. for generations to come.
To those who helped us win this victory I offer my heartfelt gratitude. This ruling did not take place in a vacuum. Our demonstrations, the hundreds of thousands of leaflets we distributed, our mailings to the media, elected officials and art world luminaries, our refusal to plead guilty in criminal court, and our insistence that we had this constitutional right were all part of making this court decision possible. We also have many attorneys, museum directors, famous artists, media people and community residents and businesses who supported us to thank.
To those who opposed our efforts and tried to convince artists that we had no First Amendment right to sell our art on the street; to those who called the police and had artists arrested; to those who criticized our group's tactics and expressed only pessimism about our chances for success... I offer you the olive branch of peace. This victory is ultimately everyone's victory. By affirming the First Amendment rights of street artists the court strengthened the speech rights of every person in this nation. We all benefit from this decision. Now is the time to put aside past animosity and look to the future.
This decision does not mean artists can do anything they like on the street. The ruling states that artists must obey reasonable rules as to where and how they can display their art. As we've said from the beginning, this right to display and sell our art involves using public property, specifically public sidewalks and parks. The ruling does not mean artists can use private property such as walls and store windows without permission from the owner. It also means that the city can enforce reasonable rules as to how large an art display can be and concerning other factors that affect public safety and sidewalk congestion.
I urge artists to immediately and voluntarily comply with the existing rules concerning size and placement on the street. If you've read our literature during the past three years you should be familiar with these rules.
During this transitional period everyone will be watching how we handle our new freedom. If we abuse it, a backlash of bad feeling towards street artists will result and our opponents will have the ammunition to begin a whole new cycle of oppression and restriction. If we use our freedom wisely and appropriately, we can expand upon and enjoy the hard won fruits of our struggle.
I also ask those artists who've worked on the street for years to be tolerant of new artists just coming out. Rather than viewing them as taking something from you (space, business etc.) try to see them as members of a family. We did not fight this battle just for ourselves, our personal friends or members of one group.
First Amendment freedom exists the moment a person steps foot on American soil. Neither citizenship, race, nationality, religion, skill as an artist or seniority on the street gives one person a greater right than another. Use your understanding of this group's history and what it stands for to educate new artists coming to the street as a result of our victory. Explain what is allowed and why. Be patient if they don't immediately understand "the rules". Please don't invent imaginary "rules" such as, "I've been here for 3 years; this is MY spot". On public property, no one owns a spot.
According to newspaper reports, the city is "considering" an appeal. This is highly unlikely. The 2nd circuit Appeals Court is extremely influential, especially on First Amendment matters. To appeal this decision the city has 30 days to apply to the U.S. Supreme Court. That court gets 80-90,000 request each year. It only accepts 80-90 cases. The Supreme Court would have to undermine hundreds of previous rulings to reverse our decision. This decision will stand.
Please take the time to accurately understand this ruling and explain it to the police, residents and businesses where you sell. It's important that they don't mistakenly believe artists will now go wild and abuse our newly won freedom. Let them know we want to cooperate with them to keep the streets safe and orderly while making New York once again the art and free speech capital of the world.
For more information on A.R.T.I.S.T. call: Robert Lederman (718) 369-2111 E-mail ARTISTpres@aol.com A.R.T.I.S.T. web site at: http://www.openair.org/alerts/artist/nyc.html