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Artist wins in
Federal Court!

by Robert Lederman

robert.lederman@worldnet.att.net
March 7, 2001

Federal Judge denies
U.S. government's appeal in
Lederman
v
United States of America et al 99-3359 [1]

Ever want to hand out a few leaflets in front of the US Capital? Standing on the Capitol building's public sidewalk alongside a few tourists and Congressmen on a drizzling 3/11/97 afternoon I imagined myself to be in the most protected spot in America for such activity. Was I ever wrong.

The idea was to give out leaflets about NYC Mayor Rudolph Giuliani's attacks on artists' First Amendment rights during Arts Advocacy Day. This event brings thousands of cultural advocates, museum directors and arts lawyers to D.C. each year. [2] After the Capitol Police arrested me for not having a permit I promised to return after changing the law.

My trial in the D.C. criminal court ended in an acquittal. Afterwards, a Federal lawsuit was filed with the expert help of the Washington DC ACLU's Neal Goldfarb and Art Spitzer. On 3/14/2000 U.S. District Judge Richard W. Roberts issued a ruling in my favor declaring the permit requirement unconstitutional.

For a mere two days during the year 2000 it was legal to hand out leaflets in front of the Capitol without a permit. Then the Capitol Police changed their rules, again making it illegal. Shortly afterwards the Washington DC ACLU filed an appeal.

On 3/5/2001 Judge Roberts issued his second ruling in the case, upholding his previous ruling and declaring the revised regulations to also be unconstitutional. The defendants are expected to appeal to the DC Circuit Appeals Court next.

Reading my copy of the First Amendment, the issue seems clear. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances". I don't notice anything in those 56 words about getting permission or a permit to hand out leaflets, do you?

Unfortunately our elected officials don't seem to agree. We can't have citizens giving out leaflets now can we? What country do you think this is America?

Here in NYC Mayor Giuliani is still up to his same old tricks. After losing 23 out of 23 First Amendment lawsuits in Federal Court what's his latest attempt to stop artistic freedom of speech? Crueliani wants to create a decency commission to decide which art is appropriate for the Big Apple's world famous art museums.

If it seems strange that a man who married and divorced his cousin, cavorts around town with his mistress at taxpayer expense, dumped his second wife on live TV and wears specially-made ladies clothing for his frequent public drag performances wants to create a decency commission - you've got to remember this is New York City. If you've got the right connections, anything goes.

After being falsely arrested 40 times for holding up satirical portraits of the Mayor while standing on a public street (and never being found guilty of a single charge) I've come to appreciate the simple beauty of the First Amendment. Our founding fathers understood the urgent desire of those in power to stop the little guy from ever having his say.

Will the government win it's effort to stop terribly dangerous things like leaflets and cardboard signs from being wielded by those lacking official permission or corporate backing? Stay tuned brothers and sisters. If I'm not mistaken future generations will wistfully look back on our present freedoms as the golden age of free speech.

You gave a speech on a street corner, they will ask, awestruck. You handed out a leaflet? You marched in a demonstration? You painted a satirical picture of a politician, and they didn't put you in a prison or have you shot?

Let's use our freedom of expression while we can. It's still the most potent weapon on earth.

Statement on the latest ruling by Washington DC ACLU's, Neal Goldfarb:
"The regulation at issue in the lawsuit prohibits all demonstration activity on large areas of the U.S. Capitol grounds, including the sidewalks adjacent to the Capitol building. The decision by the U.S. District Court for the District of Columbia accepted Mr. Lederman's argument that the regulation violates the First Amendment. The court ruled that the portions of the Capitol surrounding the Capitol building are a "public forum" in which the government may not prohibit all free-speech activities. The court ruled that the regulation was unconstitutional because it was not "narrowly tailored" to protect the government's interest in maintaining security and preventing congestion on the Capitol grounds.

If the government files an appeal, the appeal would be heard by the U.S. Court of Appeals for the District of Columbia Circuit."

Contact numbers: Neal Goldfarb (ACLU) (703) 412-6247 Art Spitzer (ACLU) (202) 457-0800 Robert Lederman

[1] Read the ruling (Click Here): U.S. District Court for the District of Columbia Robert Lederman v. USA Civil Action No. 99-3359 Memorandum Opinion & Order filed March 5, 2001 by Judge Richard W. Roberts

[2] Arts Advocacy Day 2001 March 19-20 I plan to be there.

Washington Post article by Bill Miller 3/20/2000 on Lederman v United States of America et al (Click Here)

Lederman arrested at Brooklyn Museum (Click Here)

To a Directory of Mr.Lederman's Essays

Robert Lederman is an artist, a regular columnist for the Greenwich Village Gazette [See: http://www.gvny.com/ for an extensive archive of Lederman columns] The Shadow, The African Sun Times, The Vigo-Examiner [see: http://www.vigo-examiner.com/archive.htm] and Street News, and is the author of hundreds of published essays concerning Mayor Rudolph Giuliani. Lederman has been falsely arrested 41 times to date for his anti-Giuliani activities and has never been convicted of any of the charges. He is best known for creating hundreds of paintings of Mayor Giuliani as a Hitler like dictator.

Robert Lederman,
President of A.R.T.I.S.T.
(Artists' Response To Illegal State Tactics)
robert.lederman@worldnet.att.net

For a detailed exposition on the West Nile issue
http://www.nospray.org/
For an article on the Manhattan Institute go to
http://www.konformist.com/2000/rudyg.htm

If you would like to help oppose the spraying,
please write to the
No Spray Coalition
PO Box 334
Peck Slip Station
NYC, NY 10272-0334
or call the No Spray hotline at (718) 670-7110.

Any funds you can send to help continue the lawsuit
and this work are greatly appreciated.

Important Note:
Mr. Lederman has explained that his articles posted here are not to be taken as official statements by the No-Spray Coalition of which he is a member or of the "No-Spray" lawsuit in which he is a plaintiff.

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Turning the World Wide Web Into
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And by clicking here, you'll see an old suggestion (May 2003) of how Democrats could/should have protested the Republican convention and G.W. Bush.

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