Busk: Pittsburgh
Free Speech in the Street

As the voting year begins and the war in Iraq continues, the need to express one’s voice and opinion is more important than ever. As the city considers ways to create funding, it is considering requiring a fee for protests and parades. This decision would threaten our rights by taxing, and therefore robbing, the people of their right to free speech.

The United States has given street performances protection under the First Amendment since the 1979 case of Goldstein v. Town of Nantucket, 477F. Supp., 606 (1979). The cases regarding street performance have held that sidewalks, streets, parks, subway platforms, bus stations, and airports were determined to be First Amendment forums.

Commonly known as street performance, busking is a centuries old tradition. The term is believed to have been coined in London. To help local performers pursue their craft, the organization Busk:Pittsburgh was created to advocate for their buskers’ rights. Last year, Busk: Pittsburgh worked closely with city councilman Bill Peduto to recognize busking as protected speech under the First Amendment. Through its work, Busk:Pittsburgh succeeded in educating the public about street performance and individual rights of freedom of expression.

History holds many accounts of the importance of street performance in United States’ foundations of freedom of expression. During the revolutionary war street performers took to the streets to express their distrust of the English aristocrats. There is some evidence that Patrick Henry, who was an avid fiddle player, performed on the streets during court sessions.

When the Constitution was first sent to the individual states for ratification, it was rejected until the Bill of Rights was added. Sam Adams, Patrick Henry, Thomas Jefferson and the general population wanted the to ensure the right to protest governmental policy through public demonstration, songs and the distribution of printed pamphlets on the street and public parks.

The social impact of buskers cannot be overlooked. Street performers attract the public and offer entertainment and engage people in a common experience. It should be noted that tipping is an important component to busking. Tipping a busker is a sign of appreciation and admiration. If one does not like a particular performer, he can sound his dislike by not tipping or simply walking away.

History recounts the early African American population using performance in public as a way to be heard. As forced and imprisoned immigrants, African American artists risked brutal beatings and even death to express themselves through music, dance and voice. There are numerous newspaper accounts of the beatings and lashings of African Americans for playing the drums. There are, however, also many accounts of African Americans performing with banjos on the streets of New York before the Revolutionary War, and descriptions of African American street performances in Circus Square, New Orleans as far back as 1800. They filled the streets with dance and music. Entire genres of art were born and refined from this expression, from tap-dancing to break-dancing, a cappella, rock n' roll, rap, blues and jazz.

Buskers use their creativity to speak their voice. Street performance continues to build and express the foundations of freedom. As the city of Pittsburgh ponders infringing on our ability to be heard, I encourage you to use your right to busk to your advantage; revel in the right to be creative and be heard.