People v. Lee

OPINION OF THE COURT

Marc J. Whiten, J.

*792Close to a half century ago, French-Algerian author, philosopher and Nobel Laureate Albert Camus wrote, “Without freedom, no art; art lives only on the restraints it imposes on itself, and dies of all others.”1 The court is now called upon to consider here the extent to which the State might legitimately impose restraints on art, as sold to the public in the streets of New York City, a municipality widely regarded as a center of art and expressive freedom. The defendant, Chen Lee, is charged with selling coasters on the street without a vendor’s license…