SECONDARY SOURCES: Smolla & Nimmer on Freedom of Speech § 2:12
Illinois Law and Practice Constitutional Law § 135
Chris Morran, Court Says Tattooing Is Protected Speech, Mocks City For Misinterpreting “Margaritaville” Lyrics, The Consumerist, January 4, 2016.
Nathan Hale, Tattoo Artist Takes On Key West Zoning Laws In 11th Circ., Law360, October 2, 2015.
Jason Billings, The Levels of Scrutiny in Judicial Review, US Blawg, June 17, 2013.
Kelly-Ann Weimar, A Picture is Worth A Thousand Words: Tattoos and Tattooing Under the First Amendment, 7 Phoenix L. Rev. 719, Summer 2014.
Kelly Smith-Haley, Illinois Employment Law Letter, Court Allows Ink to Dry on Chicago Police Department’s Tattoo Policy, 26 No. 6 Ill. Emp. L. Letter 3, January 2016.
David Ramsey, Arkansas lawmaker tries to ban tattoo-shop practices, Arkansas Times, March 14, 2014.
Hannah H. Porter, Tattooist v. Tattoo: Separating the Service from the Constitutionally Protected Message, 2012 B.Y.U.L. Rev. 1071, 2012
Clay Calvert, Fringes of Free Expression: Testing the Meaning of “Speech” Amid Shifting Cultural Mores and Changing Technologies, 22 S. Cal. Interdisc. L.J. 545, Spring 2013.
NOTE: This is a closed research project. All of the sources that you should use are included in this packet. No outside research is allowed.
You may only cite to the above listed sources. However, if you wish to cite a source that is explained or quoted within the packet, please format the citation similar to one of the following examples:
Johnson v. Quander, 370 F.Supp.2d 79, 85-86 (2005) (quoting United States v. Knights, 534 U.S. 112 (2001)).
Johnson v. Quander, 370 F.Supp.2d 79, 85-86 (2005) (citing United States v. Knights, 534 U.S. 112 (2001)).
United States Code Annotated
Constitution of the United States
SuperBrowseAmendment I. Freedom of Religion, Speech and Press; Peaceful Assemblage; Petition of Grievances(Refs & Annos)
U.S.C.A. Const. Amend. I
Amendment I. Freedom of Religion, Speech and Press; Peaceful Assemblage; Petition of Grievances
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
United States Code Annotated
Constitution of the United States Annotated
Amendment X. Reserved Powers to States
U.S.C.A. Const. Amend. X
Amendment X. Reserved Powers to States
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
United States Code Annotated
Constitution of the United States
Amendment XIV. Citizenship; Privileges and Immunities; Due Process; Equal Protection; Apportionment of Representation; Disqualification of Officers; Public Debt; Enforcement
U.S.C.A. Const. Amend. XIV-Full Text
AMENDMENT XIV. CITIZENSHIP; PRIVILEGES AND IMMUNITIES; DUE PROCESS; EQUAL PROTECTION; APPOINTMENT OF REPRESENTATION; DISQUALIFICATION OF OFFICERS; PUBLIC DEBT; ENFORCEMENT
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Code of Laws of South Carolina 1976 Annotated
Title 44. Health
SuperBrowse Chapter 34. Tattooing
Code 1976 § 44-34-110
§ 44-34-110. Restrictions on location of tattoo facility; notice of intent to apply for license.
(A)(1) The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.
(2) As used in this subsection:
(a) “Church” means an establishment, other than a private dwelling, where religious services are usually conducted.
(b) “School” means an establishment, other than a private dwelling where the usual processes of education are usually conducted.
(c) “Playground” means a place, other than grounds at a private dwelling that is provided by the public or members of a community for recreation.
(3) The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department.
(B) An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.
(C) A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection. The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated.
Current through 2016 Act No. 138, effective March 2, 2016, subject to technical revisions by the Code Commissioner as authorized by law before official publication.
Connecticut General Statutes Annotated
Title 20. Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards(Refs & Annos)
SuperBrowseChapter 387A. Tattoo Technicians Effective: June 13, 2014
C.G.S.A. § 20-266o
§ 20-266o. Licenses. Qualifications. Renewal. Exceptions. Regulations
(a) On and after July 1, 2014, no person shall engage in the practice of tattooing unless the person is eighteen years of age or older and has obtained a license or temporary permit from the Department of Public Health pursuant to this section.
(1) Each person seeking licensure as a tattoo technician on or before January 1, 2015, shall make application on a form prescribed by the department, pay an application fee of two hundred fifty dollars and present to the department satisfactory evidence that the applicant:
(A) Is eighteen years of age or older;
(B) has successfully completed, within the three years preceding the date of application, a course on prevention of disease transmission and blood-borne pathogens that complies with the standards adopted by the federal Occupational Safety and Health Administration, as described in 29 CFR 1910.1030 et seq., as amended from time to time, and that requires the successful completion of a proficiency examination as part of such course; and
(C) holds current certification by the American Red Cross or the American Heart Association in basic first aid.
(2) Each person seeking licensure as a tattoo technician after January 1, 2015, shall, in addition to satisfying the requirements of subdivision (1) of this subsection, provide documentation to the department, in the form and manner required by the commissioner, of having (A) completed not less than two thousand hours of practical training and experience under the personal supervision and instruction of a tattoo technician, or (B) practiced tattooing continuously in this state for a period of not less than five years prior to January 1, 2015.
(c) Licenses issued under this section shall be subject to renewal once every two years. A license to practice tattooing shall be renewed in accordance with the provisions of section 19a-88 for a fee of two hundred dollars. A licensee applying for license renewal shall, as a condition of license renewal, successfully complete a course on prevention of disease transmission and blood-borne pathogens that complies with the standards adopted by the federal Occupational Safety and Health Administration, as described in 29 CFR 1910.1030 et seq., as amended from time to time, and that requires the successful completion of a proficiency examination as part of such course. Each licensee applying for license renewal shall sign a statement attesting that the licensee has successfully completed such education course within the six months preceding the expiration of the license on a form prescribed by the Commissioner of Public Health. Each licensee shall retain certificates of completion that demonstrate compliance with the requirement for a minimum of four years after the year in which the course was completed and shall submit such certificates to the department for inspection not later than forty-five days after a request by the department for such certificates.
(d) The provisions of this section shall not apply to a physician, an advanced practice registered nurse rendering service in collaboration with a physician, a registered nurse executing the medical regimen under the direction of a licensed physician, dentist or advanced practice registered nurse, or a physician assistant rendering service under the supervision, control and responsibility of a physician.
(3) A person who:
(A) Provides instruction on tattooing techniques; or
(B) participates in the demonstration of a tattooing-related product or offers tattooing as part of a professional course, seminar, workshop, trade show or other event, may practice tattooing for such purpose, provided such person described in subparagraphs (A) and (B) of this subdivision
(i) is licensed or certified in the state, territory or possession of the United States or foreign country that is the primary place where such person practices tattooing if such state, territory, possession or foreign country requires licensure or certification for tattooing,
(ii) has successfully completed a course on prevention of disease transmission and blood-borne pathogens that complies with the standards adopted by the federal Occupational Safety and Health Administration, as described in 29 CFR 1910.1030 et seq., as amended from time to time, within the preceding three years,
(iii) practices tattooing under the direct supervision of a tattoo technician,
(iv) does not receive compensation for tattooing, other than for providing instruction or tattooing services to persons in attendance at the course, seminar, workshop, trade show or event, and
(v) provides instruction, demonstrates tattooing techniques or offers tattooing only for persons enrolled in the course, seminar or workshop or attending the trade show or event at which the person provides instruction, demonstrates a product or offers tattooing.
Any person or organization that holds or produces a course, seminar, workshop, trade show or other event at which a person who is not a tattoo technician licensed in the state provides tattooing instruction, participates in the demonstration of a tattooing-related product or offers tattooing to persons in attendance at the trade show or event shall ensure compliance with the provisions of this section.
(g) … student tattoo technician may practice tattooing under the personal supervision of a tattoo technician for a period not to exceed two years. A student tattoo technician shall register with the department for purposes of completing the practical training and experience required to obtain a license pursuant to this section. An application for registration shall be submitted to the department on a form prescribed by the commissioner and shall be accompanied by documentation that the applicant
(1) has successfully completed a course on prevention of disease transmission and blood-borne pathogens that complies with the standards adopted by the federal Occupational Safety and Health Administration, as described in 29 CFR 1910.1030 et seq., as amended from time to time, and that requires the successful completion of a proficiency examination as part of such course, and
(2) holds current certification by the American Red Cross or the American Heart Association in basic first aid. Such application shall include a notarized statement signed by a tattoo technician providing that such licensee acknowledges having responsibility for personally supervising the applicant's practical training and experience in tattooing.
(h) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.
(i) The Commissioner of Public Health may, in accordance with chapter 54,1 adopt such regulations as are necessary to implement the provisions of sections 20-266o to 20-266s, inclusive.