Giuliani demanded that they have licenses before they could paint and exhibit their paintings on the public sidewalks or in the public parks. The 2nd U.S. Circuit Court of Appeals set him straight on that issue. Artistic expression is protected by the First Amendment, said the court. The paintings were either sold, with the proceeds going to the police departments, or were destroyed. Certainly, New York City doesn't have to subsidize art museums, but once it does so, city officials cannot renege on the subsidies simply because they don't like the art exhibited in the museums.
Government censorship violates the First Amendment.
It violates free expression. On Friday, the museum trustees amended their lawsuit. The complaint now contends that the mayor has violated the Constitution's guarantee of equal protection under the law and that the mayor violated the New York state Constitution and city charter by refusing to release funds that had already been appropriated to the museum by the City Council. His police harassed street artists for over a year after the 2nd Circuit decided in favor of the artists. The mayor's motivation then was to clear the streets around Fifth and Madison avenues so that tourists and shoppers had unhindered access to the upscale shops.