“The Supreme Court has interpreted the First Amendment's protection of artistic expression very broadly. It extends not only to books, theatrical works and paintings, but also to posters, television, music videos and comic books -- whatever the human creative impulse produces.” (Freedom of Expression in the Arts and Entertainment, ACLU Foundation)
Within the context and idea of Art, there are two important principles that are major ideas on whenever a court must decide on a case that is involving the expression in the arts and freedom. The ides below are stated from the ACLU Foundation.
1) "Content Neutrality, The movement cannot limit expression just because any listener, or even the majority of a community, is offended by its content." (Freedom of Expression in the Arts and Entertainment, ACLU Foundation) "In the context of art and entertainment, this means tolerating some works that we might find offensive, insulting, outrageous -- or just plain bad."
2) The second major fundamental and principle is that the restriction of expression may happen only if this causes imminent and direct harm to the interest that the society brings.
Plays, music, dance, film, literature, poetry, and the visual arts considerably shown for First Amendment protection and are related back to this statement. Ken Paulson stated "Although the First Amendment refers specifically to the freedoms of speech and press, it in fact encompasses a wide range of expression beyond publications and the spoken word" (Arts & First amendment...)
While the government may not shut down a certain piece or an art gallery itself just because they differ with there opinions on a viewpoint of a certain painting, the option of declining to display a piece of art is always an option by the gallery owner. (Arts & First amendment...) Ken Paulson stated in his article " In analyzing cases involving the First Amendment and the arts, courts focus on the nature of the speech. Historically, so-called “political speech” has enjoyed the greatest protection. A painting lampooning the president of the United States, for example, would be regarded as political speech and enjoy substantial protection from government encroachment. Similarly, art that conveys specific ideas through written or spoken words are highly protected forms of expression." (Arts & First amendment...)
Visual arts obtain a more abstract image and nature and would enjoy the first amendment protection less. The greater the content the more expressive the work is, the higher chance of constitutional protection. Example, A painting would have an extreme amount of protection compared to handmade jewelry. This is why they have you stand so far away from paintings and pieces in an art gallery. Did you ever wonder why? (Arts & First amendment...)
Paulson stated this fact "In 1999, then-New York Mayor Rudy Giuliani objected to the “Sensation” exhibit at the Brooklyn Museum of Art. He was particularly offended by a painting of the Virgin Mary which incorporated elephant dung, a ceremonial technique used by artist Chris Ofili. The city demanded that the art museum cancel the show. When it refused to do so, the city withheld about $500,000 in funding. The money had been budgeted for general support of the museum." (Arts & First amendment...)
Deeyah Khan – a critically acclaimed music producer, composer and an Emmy award-winning documentary film director – in this statement she submitted to the United Nations in March 2014. "Art is a powerful form of communication which has a unique ability to transcend cultural and linguistic boundaries, an exploration of what it means to be human. Art can be brash or sublime, basic or intricate, and is one of the first forms of human expression and which remains rooted in the creative potential for innovation and transformation. It has an extraordinary capacity to express resistance and rebellion; protest and hope. It can start conversations; it can bring subjects into the public sphere, expose abuses and to point towards new worlds: to touch people in a deeper and more affecting way than academic and political discourse, to move us to tears, to laughter and to action." (Art and Freedom of expression)
Have you ever thought about how art is a form of expression which is often on the the most reliable and the most available to the people? The individual who can't afford it either, can participate. The tools can be as simple as a voice, pencil, paper and drum.(Art and Freedom of expression) ---------------------------------------------------------------------
Ask yourselves these Questions:
Is art protected by the First Amendment when its intent is primarily to entertain rather than inform?
Does the First Amendment apply if the art has a negative influence on young people?
How much freedom do you feel art has now in this day in time?