This document discusses street art and argues that it should be decriminalized. It begins by defining different types of street art like stickers, stencils, and tags. It then gives reasons why street art should be legal, such as it allows for political, social, and pop cultural commentary. The document provides a brief history of street art and references the First Amendment. It examines the New York City law against street art and argues that with consent, appropriate locations, non-offensive content, and temporary installations, street art should be allowed. It acknowledges, however, that not all street art is considered free speech.
7. Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.
8. The O’Brien Test
• The law in question must be within the
constitutional power of the government to
enact.
• further an important or substantial government
interest. That interest must be unrelated to the
suppression of speech (or "content neutral", as
later cases have phrased it.)
• Prohibit no more speech than is essential to
further that interest.
9. What is the New York City law against
Street art?
• § 10-117.a. No person shall write, paint or draw
any inscription, figure or mark of any type on any
public or private building or other structure or
any other real or personal property
owned, operated or maintained by a public
benefit corporation, the city of New York or any
agency or instrumentality thereof or by any
person, firm, or corporation, or any personal
property maintained on a city street or other city-
owned property pursuant to a
franchise, concession or revocable consent
granted by the city, unless the express permission
of the owner or operator of the property has
been obtained.
10. But I don’t want my home mottled
with graffiti…
• Consent
• Location
• Content
• Mobility
11. You can’t do that!
Oh but I can…..
You see, not all
speech is
considered free
speech,
therefore, not
all street art
can be
considered free
street art.