Street performing (U.S. case law)

Such laws must be narrowly tailored to eliminate only the perceived evils by limiting the time, place, and manner that street performing may be practiced.

The only exceptions to these free speech rules are sedition, as defined by the Smith Act, public displays of pornography and obscenity as defined by the Miller test for obscenity, criminal behavior such as fraud or defamation, certain commercial advertising and the common laws talked about above.

In the US, laws regulating or banning street performing must be applied evenly to all forms of free speech according to the first and fourteenth constitutional amendments and the judicial decisions listed below.

For example, if street performing is regulated or banned but people are allowed to conduct free speech behavior for pickets, protests, religious, political, educational, sports, commercial or other purposes, then the law is illegal.

[1] Under Title 18, U.S.C., Section 241 Conspiracy Against Rights, it is unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, or because of his/her having exercised the same.