Art and the Constitution
Randall P. Bezanson
University of Iowa College of Law
U Iowa Legal Studies Research Paper No. 08-12
Iowa Law Review, Forthcoming
Art and the Constitution addresses a longstanding problem in free speech theory: the status of art as expression protected by the First Amendment. The article, drawn from Professor Bezanson's forthcoming book, Art and the First Amendment (U. Ill. Press 2008-09), suggests that art should be broken down into two separate forms, propositional art and non-propositional art, with propositional art to be protected under the traditional speech paradigm and non-propositional art to be protected under an altogether different paradigm that results in art enjoying a distinct and greater degree of freedom under the First Amendment.
Number of Pages in PDF File: 18
Keywords: First Amendment, Art, Artistic Freedom, Constitutional Law, Supreme Court, Freedom of Speech, Intellectual Property
JEL Classification: L30
Date posted: May 8, 2008
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