On Friday, condom salesman Jose Andujar, forty-three, was arrested for the third time in the last year for the unlicensed hawking of Barack Obama novelty condoms in Times Square. Andujar was busted despite a February ruling in his favor by New York's State Supreme Court that said the political prophylactics are protected by the First Amendment, and shouldn't be differentiated from books, which don't require a vending license. The city is awaiting the outcome of an appeal.
The Obama Condom wrappers feature cheesy punning slogans like "Hope is not a form of protection" and "The ultimate stimulus package (for hard times)." Andujar is bipartisan when it comes to peddling rubbers, with John McCain ("Old but not expired") and Sarah Palin ("When abortion is not an option. Experience not necessary for use") versions also for sale. The condoms are available online as well (for five dollars a pop) at obamacondoms.com, where we're entreated to "Remember the election with your next erection!"
The website has some notable answers in their FAQ section. They state that "Obama Condoms are one size fits most; however smaller sizes (for Asians and Caucasians) are available upon request," and "Obama Condoms are black to make her feel like the first lady (even if she's really second or third.)"
Interestingly, a similar case was tried in Manhattan Criminal Court back in July of 2010, with the opposite outcome, as Judge Michael Gerstein ruled that two employees of the same novelty-condom company, Practice Safe Policy, were engaging in commercial speech and thus not protected by the First Amendment. I guess it all depends on who the judge is. These things must be selling like hot cakes for Practice Safe Policy to keep dealing with all the litigation.