You are here: / / Conviction for Selling T-Shirts without a Vendor’s License Upheld—Constitutional Exp...
,

Conviction for Selling T-Shirts without a Vendor’s License Upheld—Constitutional Expression vs. Commercial Enterprise

The defendant was convicted of “unlicensed general vending” for selling t-shirts in New York City without a vendor’s license. In his defense the defendant argued that the vending of t-shirts with artistic images on them was constitutionally protected expression. The Court of Appeals affirmed the conviction and the determination below that the purpose of the sale was primarily utilitarian as opposed to expressive.  Judge Smith dissented because the t-shirts had been destroyed and the Court could not determine their expressive nature.  In describing the appropriate analysis as explained in a Second Circuit case, the Court of Appeals wrote:

…[T]he Second Circuit found that the relevant inquiry is whether the vendor is “genuinely and primarily engaged in artistic self-expression or whether the sale of such goods is instead a chiefly commercial exercise” … . The Court recognized that certain items, including apparel, could simultaneously contain potentially expressive and non-expressive components and, in that situation, a reviewing court must determine which purpose — expression or utility — is dominant… .  People v Lam, 95, CtApp, 6-11-13

 

You might also like
FEDERAL CUSTOMS AND BORDER PATROL MARINE INTERDICTION AGENT IS NOT A PEACE OFFICER UNDER NEW YORK LAW; THEREFORE THE AGENT MADE A VALID CITIZEN’S ARREST OF AN ERRATIC DRIVER HE OBSERVED WHILE ON THE HIGHWAY; MOTION TO SUPPRESS THE WEAPON FOUND IN DEFENDANT’S CAR SHOULD NOT HAVE BEEN GRANTED (CT APP).
WHETHER DEFENDANT MADE AN UNEQUIVOCAL REQUEST FOR COUNSEL IS A MIXED QUESTION OF LAW AND FACT WHICH CANNOT BE HEARD BY THE COURT OF APPEALS.
AN ADEQUATE WAIVER OF APPELLATE RIGHTS AT SENTENCING DOES NOT REMEDY AN INADEQUATE WAIVER AT THE TIME OF THE PLEA.
THE DOCUMENTS RELIED UPON BY RETIRED NEW YORK CITY EMPLOYEES TO PROVE THE CITY PROMISED TO PROVIDE THEM WITH MEDICARE SUPPLEMENTAL INSURANCE COVERAGE FOR LIFE DID NOT DEMONSTRATE A CLEAR AND UNAMBIGUOUS PROMISE; THEREFORE THE RETIREES WERE NOT ENTITLED TO JUDGMENT ON THEIR PROMISSORY ESTOPPEL CAUSE OF ACTION (CT APP).
1961 Royalties-Agreement Between Duke Ellington and Music Publishers Was Not Ambiguous and Could Not Be Interpreted to Refer to Parties (“Affiliates” of the Music Publishers) Which Did Not Exist In 1961—Therefore the Ellington Estate Was Not Entitled to a 50% Share of the Revenues Earned by Foreign Subpublishers With Which the Original Music Publishers Have Affiliated Since 1961
OFFICE OF THE MEDICAID INSPECTOR GENERAL (OMIG) WAS ENTITLED TO THE FULL AMOUNT OF OVERPAYMENT MADE BY MEDICAID TO A METHADONE CLINIC, DESPITE THE INCLUSION OF A LOWER SETTLEMENT AMOUNT IN TWO NOTICES (CT APP).
Parking Lots Owned by a Federal-Income-Tax-Exempt Charitable Organization Formed to Facilitate Commercial Development Were Not Entitled to a Charitable Exemption from Real Property Taxes—The Parking Lots Were “Used” to Increase Commerce Which Is Not a Charitable Use Under the Real Property Tax Law
Proper “Initial Aggressor” Jury Instruction Where Defendant Intervenes In an On-Going Fight Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Loan Agreement Constituted a “Building Loan Contract” within Meaning of... Beating of Child Combined with Two-Hour Delay in Seeking Help Constituted Depraved...