Abstract

http://ssrn.com/abstract=1462284
 


 



Art and Freedom of Speech


Randall P. Bezanson


University of Iowa College of Law

September 1, 2009

University of Illinois Press, 2009
U Iowa Legal Studies Research Paper No. 09-38

Abstract:     
This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, the work tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.

The book draws on settings as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, the book focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?

Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment - in fact, even more free than other forms of speech.

Number of Pages in PDF File: 4

Keywords: Constitutional Law, First Amendment, Free Speech, Aesthetic Speech, Art, Freedom of Speech

Accepted Paper Series


Download This Paper

Date posted: September 21, 2009 ; Last revised: November 10, 2009

Suggested Citation

Bezanson, Randall P., Art and Freedom of Speech (September 1, 2009). University of Illinois Press, 2009 ; U Iowa Legal Studies Research Paper No. 09-38. Available at SSRN: http://ssrn.com/abstract=1462284

Contact Information

Randall P. Bezanson (Contact Author)
University of Iowa College of Law ( email )
Boyd Law Building
Iowa City, IA 52242
United States
319-335-9171 (Phone)
319-335-9098 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,271
Downloads: 184
Download Rank: 91,336

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.328 seconds