I believe it's a favorite legal maxim that there is no such thing as an absolute right, despite what gun-lovers say of the 2nd Amendment. I suppose it's possible that free speech need not be a "fundamental right", even for artful expression, but I think it is a fundamental right with us because it is explicitly protected in our Constitution, that this is what makes it fundamental, but we could perhaps use a lawyer to speak on this.
Also, aside from things like defamation laws, our Supreme Court has also excepted "obscenity" has not coming within 1st Amendment protection - another example of how it is not absolute.
Don't make the mistake of mixing up things that are in the constitution with things that are necessary for democracy. Pretty much the rest of us democratic nations manage to keep changing governments through peaceful elections without guns. What I'm trying to seek, is what are the things that are necessary to democracy; so my thinking on the art question is that if the art is political, then it would be protected by political expression. I guess that puts a lot on how courts interpret things. Is Piss Christ political, or just obscene? (I would argue the former).
I also think free, universal education is necessary to democracy and isn't covered by the US constitution, but that's a discussion for another time.
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timeasmymeasure
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Date: 2015-12-05 05:10 am (UTC)Also, aside from things like defamation laws, our Supreme Court has also excepted "obscenity" has not coming within 1st Amendment protection - another example of how it is not absolute.
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Date: 2015-12-05 08:11 am (UTC)I also think free, universal education is necessary to democracy and isn't covered by the US constitution, but that's a discussion for another time.