context: This is not always an easy task, because there are "inherent line-drawing problems associated with distinguishing among artwork with presumptively expressive content (such as [paintings, photographs, prints, and sculptures]), merchandise with potentially expressive content (such as 'the crafts of the jeweler, the potter and the silversmith'), and merchandise "with no expressive content."
citation_a.signal: see also
citation_a.identifier: 76 F.3d 1011, 1011-12
citation_a.parenthetical: holding that nonprofit corporations' sales of "T-shirts imprinted with various philosophical messages" were "within the ambit of the First Amendment"
citation_a.sentence: Mastrovincenzo, 435 F.3d at 85 (quoting and citing Bery, 97 F.3d at 696). Moreover, some objects are otherwise utilitarian, but can become “inextricably intertwined” with “pure elements of speech” when they are sold to disseminate political, religious, or philosophical messages, Gaudiya, 952 F.2d at 1064-65 (holding that religious and political groups’ sale of merchandise and literature was fully protected); see also One World, 76 F.3d at 1011-12 (holding that nonprofit corporations’ sales of “T-shirts imprinted with various philosophical messages” were “within the ambit of the First Amendment”), or when they “serve a predominantly expressive purpose.”
citation_b.signal: no signal
citation_b.identifier: 952 F.2d 1064, 1064-65
citation_b.parenthetical: holding that religious and political groups' sale of merchandise and literature was fully protected
citation_b.sentence: Mastrovincenzo, 435 F.3d at 85 (quoting and citing Bery, 97 F.3d at 696). Moreover, some objects are otherwise utilitarian, but can become “inextricably intertwined” with “pure elements of speech” when they are sold to disseminate political, religious, or philosophical messages, Gaudiya, 952 F.2d at 1064-65 (holding that religious and political groups’ sale of merchandise and literature was fully protected); see also One World, 76 F.3d at 1011-12 (holding that nonprofit corporations’ sales of “T-shirts imprinted with various philosophical messages” were “within the ambit of the First Amendment”), or when they “serve a predominantly expressive purpose.”