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Judge Rakoff http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=62636 ON JULY 18, 2005, plaintiff fashion company’s founder, who began his career as a graffiti artist, obtained a permit to host an Aug. 24, 2005, art exhibition at which other artists would paint graffiti on mock two-dimensional subway cars. In an Aug. 15, letter the City of New York revoked the permit, ostensibly on grounds that the exhibition was actually a commercial event promoting plaintiff’s forthcoming video game. A letter the following day, and statements by Mayor Michael R. Bloomberg, indicated that the permit was rejected because the proposed graffiti painting presented too great a risk of inciting criminal behavior. The court reinstated plaintiff’s permit. Citing Brandenburg v. Ohio, it held that the denial of the permit on the stated grounds that the demonstration would “incite” others to paint graffiti on subway cars was a flagrant violation of the First Amendment. The court also found no basis in city ordinances for the permit’s denial on the stated grounds.

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