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, Randall P.
Bezanson tracks and interprets the Court's decisions on film, nude
dancing, music, painting, and other visual expressions. Showing how
the Court has dealt with judgments of art, quality, meaning, and
how to distinguish types of speech and expression, Bezanson
explores issues 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,
Bezanson 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? Accessibly written and
evocatively argued, 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.
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