Street art

Decriminalizing Street Art:How the government is the deviant

Julianna Fricchione

What is street art?

Stencil

Tags

Stickers

Stylized writing

Poetic assault

Urban design

Why should street art be legal?

Political Commentary

Social Commentary

Reflection of Pop Culture

A brief history of the world and America

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.

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.

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.

But I don’t want my home mottled with graffiti…

• Consent

• Location

• Content

• Mobility

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.

Questions? (and something cool to look at)