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KALKE v. CITY OF NEW YORK

245 A.D.2d 221 (1997)

666 N.Y.S.2d 631

David Kalke et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 30, 1997

Petitioners' distribution and demonstration of condoms, in the context of their peer education program for AIDS/HIV awareness and prevention, constitute expressive conduct sufficiently imbued with elements of communication falling within the protection of the First Amendment (see, Spence v Washington, 418 U.S. 405, 409-410). Respondents' regulation, which, inter alia, prohibits the non-commercial distribution of all products...

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