1st Amendment and Free Speech/freedom of speech

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Expert: - 3/16/2011


Question
does the first amendment apply to artists?

Answer
Hi Max,

Of course, the First Amendment applies to everyone, artists included.  Courts have repeatedly held that paintings, plays, movies, TV shows, songs, etc. receive protection.

However, it is important to keep in mind that the First Amendment only applies to government suppression of speech.  Private museums, theaters, or galleries are under no restrictions from the Amendment.  In cases where government provides funding for art, it usually has greater latitude.  For example, if a city builds a statue of someone, it is not then required to fund statues of anyone else who demands one.  Other laws can apply as well.  Just because an artist has a write to make a painting, he does not have a Constitutional right to paint it on the side of a government building without permission.

You may also find this page helpful for more information:

http://www.firstamendmentcenter.org/speech/arts/overview.aspx

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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