Rights Regarding Temporary Exhibit in Public Areas

My question involves civil rights in the State of: Pennsylvania

Recently I completed a sculpture that will be part of my portfolio for application to graduate programs in Studio Arts, and I would like to exhibit my sculpture (approx 6’ tall, 4’ long and 3’ wide) for a few hours in various public spaces. It will take considerable amount of effort to do this, and I would like to know my rights one way or the other, especially in the event the police or some security person comes and says I have to leave.

I found the following on the ACLU website under “KNOW YOUR RIGHTS AT A PROTEST” Even though what I’m doing is not a protest, this appears to have some relevance.
-- Can I express myself in a public place without a permit?
-- Yes, you can picket or leaflet in public places by yourself or in small groups without a permit so long as you are not blocking streets or sidewalks.

Also this from Wikipedia:
-- In the United States under Constitutional Law and most European common law, the protection of artistic free speech extends to busking (street performing.) In the USA and most places, the designated places for free speech behavior are the public parks, streets, sidewalks, thoroughfares and town squares or plazas. Under certain circumstances even private property may be open to buskers, particularly if it is open to the general public and busking does not interfere with its function and management allows it or other forms of free speech behaviors or has a history of doing so.

So it appears I'm free and clear to exhibit my sculpture but I'm looking to obtain as much information as possible, especially from an attorney who might have experience with this situation. It would also be great if I could take some kind of print out describing my rights. I understand the right to free speech and assembly is in the Constitution, but if there is something official written more recently that might supplement that language, I would like to know about it as well.

In case it makes any difference, I will not be soliciting money or passing out information other than my website business card.

This is for the state of Pennsylvania and particularly Philadelphia.

Any information will be much appreciated. Thank you.

You have the right to investigate whether you need a permission to display your art and, if so, what sort of permit you are required to obtain. If a permit is required, you have the right to apply for a permit, documenting that you meet all of the requirements for obtaining the permit and paying any associated fee.

So the statement I quoted from the ACLU website is wrong?

The statement about protests? The one you admit has absolutely no relevance to your planned display?

I admitted nothing of the kind. In fact I wrote "...this appears to have some relevance."

And so one might reasonably conclude that standing next to a sculpture is rather tame in comparison to a protest while each bear similarities to the other as far as displaying in a public place.

What relevance do you imagine that your desire to publicly display your work has to a public protest? Why do you imagine that the First Amendment issues implicated in public protests are the same as, or perhaps even less compelling than, your desire to self-promote?

Your imagination and two bucks will get you a cup of coffee.

I could easily answer that but I think I'll wait and see if I receive more substantive answers. Preferably from people who actually read what I write in my posts, and who don't wear their confrontational, smart-alecky attitude so prominently on their sleeve.

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Regarding self-promotion and protest:

Although the original motivation was for my resume, no one will know that. If I wanted to do this mainly for my resume, I would show up for 10 minutes, take photos, say I was there and leave the site instead of spending four or more hours. Mainly the piece is for people to experience--whether they think it’s good or not. The main intent is to inspire reaction and conversation.

I sell nothing on my website or anywhere else, and would only give out the website business cards to people who asked or showed particular interest in my work.

Several people have described the sculpture as political. Again, I am not planning a protest. However, I could make it one in two seconds.

Sure, I’m in there somewhere but mainly this whole thing is about expressing and exchanging opinions and ideas. And so if my situation doesn't have more than a few similarities to civil rights involved in a one-person protest, then I’ll be a Knowitall’s uncle.

Then please explain them. Because I'm not seeing that you have diddly squat beyond your desire to put your sculpture wherever you please for as long as you like without bothering to go through getting permission.

Is this really what the forum is about? Seems as if posting thousands and thousands of times has only served to turn some people into seriously irritable, rude jerks. Ones with reading comprehension problems to boot. Knowitall really showed his stripes on that score. And on the same point I never said or implied I wanted to put the sculpture wherever I wanted for as long as I please without bothering to do this or that. If that's your take, see "reading comprehension" above. Simply, I want to be informed (imagine that!) and know my rights in my specific case, something neither of you two supposed experts have been able to produce a single ounce of. If I don't need a permit, I want to know. If I do, fine. I'll get one. In posting here, I thought it might be interesting to read some substantive information regarding specifics of the law as it relates to displaying or performing art for non-commercial purposes in public. Possibly a first or second-hand example. Possibly a lead to other information. And yes, I would enjoy a civil discussion on the topic of public display versus public protest but it appears this is not the place. At least to this point that is, and I'm sorry but I won't be hanging around to see if the irritable, rude jerk factor clears up.

And there's another of your rights. You are free to take your business elsewhere and do your own legal research.

what is it that you do not understand, from your own statements:

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“KNOW YOUR RIGHTS AT A PROTEST” Even though what I’m doing is not a protest

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since what you are considering is not a protest, the similarities you want to link to you displaying your art are irrelevant.


If you want to call it a protest; have at it but realize that even many protests require permits, depending on what is involved and what the expected result will be.


Your art obviously cannot be on the sidewalk because it will block it. It cannot be on private property without permission (and you really need to understand what property is private property and which is public property). Then, in many places you cannot set a lump of whatever on public property that is not open to public traffic, especially without a permit. Most grassy areas would fall under such a restriction.

Quote:

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And on the same point I never said or implied I wanted to put the sculpture wherever I wanted for as long as I please without bothering to do this or that

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actually, you pretty much did when Mr. K said you are free to determine what permission was required for any particular area you are considering and applying for a permit if necessary. You became a super jerk and started whining. That made it pretty clear you did not want to hear the correct answer but one that was tailored to your wishes.