Bezanson on Art and the First Amendment

Randall Bezanson, University of Iowa College of Law, has published "Art and the Constitution," forthcoming in the Iowa Law Review. Here is the abstract.

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.

Download the entire paper from SSRN here.