U.S. Constitution:
First Amendment of the Bill of Rights

First Amendment
(Religion and Expression)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Ten Amendments to the Constitution gave citizens more confidence in the new government and contain many of today’s Americans most valued freedoms.

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. All art forms — including plays, music, dance, film, literature, poetry, painting, sculpture and other visual arts — enjoy considerable First Amendment protection.

Why is this important for artists?

“…one man’s vulgarity is another’s lyric.”

–U. S. Supreme Court Justice John Marshall Harlan II

For the artist, the identity of the censoring party may matter little. For constitutional purposes, however, the censor’s identity is critical. The inherent subjectivity of determining artistic merit is not the job of government or its entities, they are not the art critics nor have the right to censor it, despite the publics issue with it.

Since this is a very complex issue it has been in the court system many many times.  Here are some explanation of those cases…

Annotations*

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*Printed with permission • U.S. Supreme Court Decisions: U.S. Reports 150-, 1893-