18 Pages Posted: 8 May 2008
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.
Keywords: First Amendment, Art, Artistic Freedom, Constitutional Law, Supreme Court, Freedom of Speech, Intellectual Property
JEL Classification: L30
Suggested Citation: Suggested Citation
Bezanson, Randall P., Art and the Constitution. U Iowa Legal Studies Research Paper No. 08-12; Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1126275