Tuesday, November 29, 2016

first amendment protections of buskers and artists

This is a list of Court cases, news articles and other information pertaining to busking, street art, and performance art and the protections granted by the constitution.

First off we have the wikipedia page on us case laws for buskers.. this information helped me to learn a great deal about busking and the law and pointed me in the right dirrection to find other cases... It  wont work in court but could lead to things that will. usually this is enough to get most officers to back down from citing you for busking.
https://en.wikipedia.org/wiki/Busking_(U.S._case_law)

2nd we have a newsletter about art at the market which discusses how buskers fought for their rights in St Augistine Florida http://artinthemarket.blogspot.com/2011/03/win-for-artists-everywhere.html

3rd we have an article written about artist Stephen Write who has several court cases concerning art.. His cases will also on this list as the information within is very pertinant to busking .  http://www.humortimes.com/8291/delivering-gift-of-art-back-to-america/

4th  we have the california lawyers for the arts web page///
they can not help with criminal cases but maybe able to help with civil cases concerning busking. https://www.calawyersforthearts.org/
5th  is a news article about busking in reno, and how the court gives the cities laws the brushoff http://web.archive.org/web/20140929083626/http://www.firstamendmentcenter.org/court-gives-brushoff-to-citys-rules-on-street-sale-of-art

6th  is a news article  in the San Diego City Beat about busking in san diego, which also goes into details about first amendment rights and constitutional protections of buskers and artists. http://sdcitybeat.com/article-12100-its-busk-or-bust-for-san-diego-street-performers.html

7th  is a fox 5 san diego  news story about busking in san diego and breifly mentions constitutional protections of buskers http://fox5sandiego.com/2015/02/11/street-performs-claim-harassment-by-san-diego-police/

8th is also a news story from fox 5 san diego  about how the Waterfront park was considering changing the rules concerning first amendment protectied activities.. This also briefly mentions buskers constitutional protections. http://fox5sandiego.com/2015/06/09/county-considers-free-speech-regulation-at-waterfront-park/

9th  Berry vs the City of New York III
This is a court case about first amendment rights and busking: It basically explains that an artist has the right to display and sell his or her art in the public Forrum as art qualifies as exrpressive materials.  http://caselaw.findlaw.com/us-2nd-circuit/1182584.html

10th  Turley vs the city of New York :  this case concerns music and music levels...
http://caselaw.findlaw.com/us-2nd-circuit/1374333.html

11th  White vs the city of Sparks, Nv  :  This case is again about art in the public Forrum... It basically states that an artist has the right to display and sell his or her art in the public forrum and that sales of art does not remove the artists from the ambit of protection granted by the first amendment of the us consitution. http://caselaw.findlaw.com/us-9th-circuit/1300114.html

12th, this case  Lee Davenport Vs Alexandria Virgina, is about music, and volume levels as well as a muscians first amendment protections:
http://law.justia.com/cases/federal/appellate-courts/F2/710/148/40897/

13th, is the buskers rights and advocates web page which has a case about Golstien vs Nantucket which is also a court case concerning musicians  http://www.buskersadvocates.org/saalegalCtGoldstein.html

14th  Perry vs the city of los angelos  is about a muscian who busks and sells cds of his music...  and the fact that both performance of music and the sales of original cds are both protected by the first amendment http://caselaw.findlaw.com/us-9th-circuit/1246214.html

15th is an aclu case about buskers winning in honolulu https://www.aclu.org/news/aclu-wins-artistic-expression-lawsuit-behalf-waikiki-street-performers?redirect=cpredirect/10909

16th is an article about spray paint art from the Maryland voluteer lawyers for the arts... This explains spray paint arts and first amendment rights http://mdvla.org/wp-content/uploads/2011/11/mdvla-artsbrief-spring2012.pdf

17th is also an article about the spray paint artist
http://articles.baltimoresun.com/2011-09-18/news/bs-md-oc-artist-arrested-20110918_1_ocean-city-paint-spray

18th is Hunt vs city of los angelous about shea butter and how it can have first amendment protections... I know this is a strange case, but if shea butter is protected then pretty much anything a busker or artist does is definately protected . http://cdn.ca9.uscourts.gov/datastore/opinions/2011/03/22/09-55750.pdf

19th is about Magic Mike Berger vs the city of Seatle and is about ballon twisting and the constitutional protections granted by the first amendment http://caselaw.findlaw.com/us-9th-circuit/1241365.html

20th is from the voluteer lawyers for the arts about street performers  http://vlaa.org/street-performers/

21st is alo for the volunteer lawyers for the arts  this is entitled know your rights http://vlaa.org/wp-content/uploads/2015/05/Know-Your-Rights-2015.pdf

22nd  is the federal statues that might apply to police who are violating your first and 14th amendment rights... https://web.archive.org/web/20100914205918/http://www.fbi.gov:80/hq/cid/civilrights/statutes.htm     most important are these two laws.
(a) Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

(b) Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

23rd  this  bit of information is about permitted street fairs and first amendment rights...  https://www.aclumich.org/sites/default/files/Petitioning%20Rights%20-%20Final.pdf  and  https://www.google.com/webhp?sourceid=chrome-instant&rlz=1C1CHZL_enUS705US705&ion=1&espv=2&ie=UTF-8#q=permitted+street+fair+public+forum  click this link above and the pdf will be top of the google search list and will help one learn about first amendment protections at permitted street fairs.  

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