Don’t Fret: You (Generally) have a right to Busk

For those that don’t know, busking is the act of musical performance and the acceptance of voluntary donations. People have been doing it for centuries. The Courts in the United States have a long history of examining restrictions on busking from local municipalities. The Courts have generally scrutinized restrictions on busking carefully as they implicate the 1st amendment. Just last year, a district court in California partially denied a motion to dismiss a dispute over a vending ordinance & expressive activity ordinance reasoning that busking was an expressive activity protected by the first amendment . Dorsett v. City of San Diego, No. 24-cv-00813-AJB-AHG, 2025 WL (S.D. Cal. Feb. 24, 2025).

Since there is no landmark Supreme Court case or federal law on busking, different jurisdictions are divided on how much busking can be regulated. Generally, busking is subject to reasonable time, place, and manner restrictions. For example, restrictions on blocking the street, entries or exits of buildings, or preventing people from walking will likely be upheld. Some cities have limits on decibel levels or power level of amplifiers. Some cities (like Washington D.C.) require a permit if you want to busk in public parks or on public transpiration. Generally if a city requires a permit in a specific area to perform, it should be nominal and the process to obtain it should be relatively simple.

What should you do if you would like to be busker? It is best to research the local laws before you begin. It is likely the city that you want to work in will have a website which will explain the rules to you. Most communities want you to know what the rules are, so you can follow them. If you feel like they are too onerous, you should consult a licensed attorney in that jurisdiction to help you understand if you might have proper challenge. You might not even have to get a ticket or get arrested to make the challenge. In Barilla v. City of Houston, No. 20-20535 (5th Cir. 2021), the 5th circuit reversed a dismissal of a Busker’s challenge to a local ordinance even though he was never arrested or issued a citation.