§ Issue: whether Ds can sell playing cards with war heroes on on the street without a permit. Are the cards art?
· NY wants to help artists by not enforcing the law that require the permits
· “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]