Thursday, October 25, 2007

Failing In The Oldest City

This quote is from BERY v. CITY OF NEW YORK, 97 F.3d 689 (2nd Cir. 1996)

"The City demonstrate(s) an unduly restricted view of the First Amendment and of visual art itself. Such myopic vision not only overlooks case law central to First Amendment jurisprudence but fundamentally misperceives the essence of visual communication and artistic expression. Visual art is as wide ranging in its depiction of ideas, concepts and emotions as any book, treatise, pamphlet or other writing, and is similarly entitled to full First Amendment protection. Indeed, written language is far more constricting because of its many variants — English, Japanese, Arabic, Hebrew, Wolof, Guarani, etc. — among and within each group and because some within each language group are illiterate and cannot comprehend their own written language. The ideas and concepts embodied in visual art have the power to transcend these language limitations and reach beyond a particular language group to both the educated and the illiterate. As the Supreme Court has reminded us, visual images are "a primitive but effective way of communicating ideas . . . a short cut from mind to mind." West Virginia State Board of Education, 319 U.S. at 632.


  1. Greg, is there anything I can do for you? Cousin Tom

  2. The next time you are here in St. Augustine.......could you bring some of that delicious Datil pepper jelly that Laressa(sp?) makes?