Opinion

Bery v. City of New York

  • 97 F.3d 689
Court
Court of Appeals for the Second Circuit
Filed
Oct 10, 1996
Status
Published
Author
Mahoney
On the bench
Carter, Graafeiland, Mahoney
Cited by
180 cases

finding the City’s licensing requirements for sidewalk art vendors “too sweeping to pass constitutional muster” but stating that such vendors may be properly subjected to appropriate time, place, and manner restrictions

How later courts described this case

  • finding the City’s licensing requirements for sidewalk art vendors “too sweeping to pass constitutional muster” but stating that such vendors may be properly subjected to appropriate time, place, and manner restrictions
  • holding that traditional forms of art, including paintings, photographs, prints, and sculptures, “always communicate some idea or concept” and are therefore presumptively covered by the First Amendment
  • holding that paintings, photographs, prints, and sculptures, are visual forms of art that “always communicate some idea or concept” and are therefore presumptively covered by the First Amendment
  • holding that total ban on sidewalk art does - 11 - not leave open alternative means of communication because alternative display in galleries or museums would not reach the same audience

Written by the judges who cited it.

The opinion

MAHONEY, Circuit Judge,

concurring in the judgment and partly in the opinion of the Court:

I concur in the judgment of the Court and in the opinion of the Court except for its discussion of the Equal Protection Clause of the Fourteenth Amendment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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