Street performance: Difference between revisions

 

In the United States under [[constitutional law]] and most European [[common law]], the protection of [[artistic]] [[free speech]] extends to busking. In the U.S. and many countries, the designated places for free speech behavior are the public [[park]]s, streets, [[sidewalk]]s, [[thoroughfare]]s and [[town square]]s 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.<ref name="autogenerated1">[http://funandmagic.com/decision.pdf Berger v. Seattle, C03-3238JLR] (PDF). Decision, U.S. District Court, Western District of WA at Seattle, 22 April 2004. Retrieved 2010-06-11.</ref>

While there is no universal [[code of conduct]] for buskers, there are common law practices that buskers must conform to. Most jurisdictions have corresponding [[statutory laws]]. In the UK busking regulation is not universal with most laws (if there are any) being governed by local councils.<ref>{{cite news|title=Who, what, why: Where is the hardest place in the UK to be a busker?|url=https://www.bbc.co.uk/news/blogs-magazine-monitor-28112716|access-date=9 October 2014|work=BBC News|date=July 2014|last1=Why|first1=Who}}</ref> Some towns in the British Isles limit the licenses issued to bagpipers because of the volume and difficulty of the instrument.{{Citation needed|date=September 2010}} In Great Britain places requiring licenses for buskers may also require auditions of anyone applying for a busking license.{{Citation needed|date=September 2010}} Oxford City Council have decided to enact a [[public spaces protection order]]. Some venues that do not regulate busking may still ask performers to abide by voluntary rules. Some places require a special [[License|permit]] to use electronically amplified sound and may have limits on the [[Loudness|volume]] of sound produced.<ref>{{cite web|url=http://411newyork.org/guide/2007/07/16/street-performances-in-new-york/ |title=Street Performances in New York |publisher=411newyork.org |date=16 July 2007 |access-date=2012-07-19}}</ref> It is common law that buskers or others should not impede pedestrian traffic flow, block or otherwise obstruct entrances or exits, or do things that [[endangerment|endanger]] the public. It is common law that any disturbing or noisy behaviors may not be conducted after certain hours in the night. These curfew limitations vary from jurisdiction to jurisdiction. It is common law that "performing blue" (i.e. using material that is sexually explicit or any vulgar or obscene remarks or gestures) is generally prohibited unless performing for an adults-only environment such as in a bar or pub.