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Art on trial: exploring the Supreme Court's rulings on free expression
After losing someone she loved, artist Candy Chang painted the side of an abandoned house in her New Orleans neighborhood with chalkboard paint and stenciled the sentence, "Before I die I want to _____." Within a day of the wall's completion, it was covered in colorful chalk dreams as neighbors stopped and reflected on their lives. Since then, more than four hundred Before I Die walls have been created by people all over the world. This beautiful hardcover book is an inspiring celebration of these walls and the stories behind them. Filled with hope, fear, humor, and heartbreak, Before I Die presents an intimate portrait of the dreams within our communities and a chance to ponder life's ultimate question.
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
In 1998 the author, a professional prankster, trademarked the phrase "freedom of expression" to show how the expression of ideas was being restricted. Now he uses intellectual property law as the focal point to show how economic concerns are seriously eroding creativity and free speech.
This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.
A bestselling art historian and a free speech advocate explore subtle new forms of censorship in the art world and beyond. ""In private, museum people have told me that self-censorship is indeed the order of the day. But it is quite rare for an official to speak about it in public. Self-censorship occurs behind closed doors. There are practically no whistle-blowers.""--Hans Haacke, conceptual artist known for his socially and politically engaged art If your idea of censorship is an anonymous bureaucrat in a government office exercising prudish control over "offensive" art and speech, wake up and smell the conglomeration. Censorship today is just as likely to be the result of a market force or a bandwidth monopoly as a line edit or the covering of a nude sculpture, and the current system of new technologies and economic arrangements has subtle, built-in mechanisms for suppressing free expression as powerful as any known in other centuries. In "Censoring Culture," the nationally known author of the ArtSpeak books and the head of the National Coalition Against Censorship's Arts Program bring together the latest thinking from art historians, cultural theorists, legal scholars, and psychoanalysts, as well as first-person accounts by artists and advocates, to give us a comprehensive understanding of censorship in a new century. Contributors include: - J.M. Coetzee, Judy Blume, and others on self-censorship - Hans Haacke on the marriage of art and money - DeeDee Halleck on the military-media-industrial complex - Marjorie Heins on violence and children - Randall Kennedy on the risks of regulating hate speech - Lawrence Lessig on creativity and copyright inthe electronic age - Judith Levine on shielding children from sex - Diane Ravitch on sensitivity guidelines for national testing - Douglas Thomas on hackers and hacking culture
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys and students of art and law.