Definitions
Purely Expressive Activity
Refers to all forms of expression fully protected by the First Amendment. This includes forms of artistic self-expression with no other purpose than to be expressive (see below), expressions by nonprofit or religious organizations sometimes referred to as 'Charitable Expression', as well as the selling of expressive items or the collecting of remuneration by the speaker.
Purely Expressive Art (Def. & Ex.)
These items include but are not limited to: paintings, drawings, sculpture, photography, prints, engravings, stained glass as non-functional art for art's sake, recordings of the artist's composition or performances including music, dance, theater, and films.
Examples of art forms which do not meet the definition of 'purely expressive' are include items which are intended to serve any functional or utilitarian use or purpose, even if the item is decorative. Examples of such items include handcrafts, jewelry, tools,clothing, food, pottery, house wares, appliances, clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, toys, stuff animals and trinkets.
Artistic self expression may include items that appear on first impression to be functional or utilitarian, but have been modified to demonstrate the expressive art for art's sake intent of its creator,and are not intended to serve any utilitarian, functional or commercial uses or purposes. Examples include but are not limited to a stained glass window presented as art for art's sake, and not intended or understood to be used as a functional window. Pottery as tableware is utilitarian even if it is decorative. However, pottery may become expressive where it has been modified and presented as art for art's sake, i.e., modified and presented to be expressive of its creator's perspective and intended for display rather than for use as tableware. While a macrame pot hanger has a functional purpose and would not be protected artistic self expression, a macrame soft sculpture with no other purpose than to hang on the wall as art for art's sake would be protected.
Examples of art forms which do not meet the definition of 'purely expressive' are include items which are intended to serve any functional or utilitarian use or purpose, even if the item is decorative. Examples of such items include handcrafts, jewelry, tools,clothing, food, pottery, house wares, appliances, clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, toys, stuff animals and trinkets.
Artistic self expression may include items that appear on first impression to be functional or utilitarian, but have been modified to demonstrate the expressive art for art's sake intent of its creator,and are not intended to serve any utilitarian, functional or commercial uses or purposes. Examples include but are not limited to a stained glass window presented as art for art's sake, and not intended or understood to be used as a functional window. Pottery as tableware is utilitarian even if it is decorative. However, pottery may become expressive where it has been modified and presented as art for art's sake, i.e., modified and presented to be expressive of its creator's perspective and intended for display rather than for use as tableware. While a macrame pot hanger has a functional purpose and would not be protected artistic self expression, a macrame soft sculpture with no other purpose than to hang on the wall as art for art's sake would be protected.
An artist who uses the public forum to perform or display their original, purely expressive works of art and seeks remuneration. Such a person is fully protected by the First Amendment and should not be subjected to licencing schemes or other regulatory requirements not applied equally to all persons on the public fora.
