§ Issue: whether Ds can sell playing cards with war heroes on on the street without a permit. Are the cards art?
· NO!
· NY wants to help artists by not enforcing the law that require the permits
§ Reasoning
· “There
is nothing artistically noteworthy about the photographic images on the
cards, nor do they constitute the seller’s own artistic endeavor”
· The
cards were defined as a collectible, which is distinguishable from art.
Collectibles are merchandise and is not entitled first amendment
protection. [collectibles are like mini statue of libertys]
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