Arrested for handing out leaflets about the 1st Amendment (fwd)

[Brad Dolan]

---------- Forwarded message ----------


From: ARTISTpres at aol.com

I Was Arrested 
For Handing Out a Leaflet
about the First Amendment
by Robert Lederman

On March 10th and 11th, 1997 eight members of A.R.T.I.S.T. and I
drove to Washington, D.C. from New York to hand out leaflets about
a Supreme Court case in which we are plaintiffs. Our case involves
the right of artists to sell paintings, sculptures and other works of
fine art on the street without a license, based on freedom of speech.
We'd each been arrested numerous times for selling our art and had
recently won a favorable decision in the 2nd circuit Federal Appeals
Court. Now New York City was appealing that decision to the U.S.
Supreme Court. Legal briefs filed by the City claim that art does not
express ideas and is unworthy of full First Amendment protection.

On the 10th and 11th, thousands of museum directors, arts attorneys,
curators and heads of cultural institutions were in Washington for
Arts Advocacy Day. It was an opportunity to reach influential people
who'd be directly affected by the outcome of our case. We planned to
quietly stand on the public sidewalk outside Art Advocacy Day events
and give out leaflets describing the Supreme Court appeal and the
issue of artists' First Amendment rights. 

Everywhere we went in D.C. the police said we needed a permit to
hand out even one leaflet and threatened us with arrest. They also
claimed that even if we had a permit we would not be able to hand out
literature in front of the event locations because they were Federal
property. After explaining what we were doing and the subject of the
leaflet, we continued to give out our literature while the police
threatened us with arrest and conferred with supervisors and city
attorneys about handling the situation.

Our literature distribution efforts were successful. By the end of the
two days we'd managed to contact most of the Art Advocacy Day
participants in D.C. We decided to make one final stop in front of the
U.S. Capitol to create a few paintings as a visual statement about free
expression. Many of the art advocates were inside the Capitol
building meeting with members of Congress. 

While the other artists painted I stood on the public sidewalk in front
of the Capitol with a handful of literature. Everywhere around me
were tourists and elected officials posing with lobbyists from various
corporations and special interests. Before handing out a single leaflet
I was approached by a sergeant from the Capitol Hill Police who
explained that giving out literature was forbidden, but that I could
apply for a permit which, if granted, would give me the right to
demonstrate about 300 feet from the building in an isolated area. I
explained to the officer that I'd be leaving D.C. in an hour, that I was
not demonstrating, and that the First Amendment protected my right
to quietly hand out a leaflet on a public sidewalk without a permit. He
agreed that it probably did but informed me that I'd be arrested if I
continued.

In New York City I've been arrested 13 times for selling my paintings
on the street, for making a speech, for protesting and for distributing
literature about artists' rights. Although generally cooperative with
the police and willing to comply with reasonable demands, I draw the
line at being told I can't give away free literature on a public
sidewalk.

I explained my position to the officer and to the various Metro D.C.,
Federal undercover and Capitol Hill Police that eventually gathered
around me. Meanwhile, members of Congress and well dressed
lobbyists continued to exchange business cards, pose for photos and
discuss issues on the same sidewalk where I stood with the police. 

A warning was issued that if I handed out one more leaflet I'd be
arrested. A man wearing an Arts Advocacy pin walked by and asked
what I was giving out. I explained that I couldn't give him a leaflet
without being arrested but that he could take one from the pile in my
hand. When he did I was handcuffed and led to a waiting police car.
Above, a uniformed man with a machine gun watched from the roof.

I was transported and booked into two separate police stations,
repeatedly searched and charged with demonstrating without a permit.
Federal intelligence officers interviewed me to determine if I was a
terrorist. They asked questions about my political agenda, studied my
leaflets and eventually agreed that what I did was probably protected
by the First Amendment. I'll be standing trial in D.C. Superior Court
on June 9th and face a $350 dollar fine and 90 days in jail. All of my
property was returned except the leaflets, which are being held as
evidence of my crime.

After posting bail I was released and returned to the Capitol building
grounds to tell reporters there what had occurred. "Oh well, there's
nothing we can do", one said. "We're constantly being threatened
with arrest here ourselves".

I'll be going back to D.C. in June to stand trial. Meanwhile I'm
looking for an attorney and writing a new leaflet about free speech
and freedom of the press to give out at the Capitol. 

For information on the street artist Federal lawsuit or A.R.T.I.S.T.
(Artists' Response To Illegal State Tactics) visit the A.R.T.I.S.T.
web page at:
http://www.openair.org/alerts/artist/nyc.html or
contact Robert Lederman, artistpres at aol.com (718)
369-2111 or (212) 334-4327 Press kits, photos of this
and other arrests are available.



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<HTML><A HREF="http://www.eff.org/~mech">     Stanton McCandlish
</A><HR><A HREF="mailto:mech at eff.org">        mech at eff.org
</A><P><A HREF="http://www.eff.org">          Electronic Frontier Foundation
</A><P>      Program Director    </HTML>