Entertainment, Arts, and Sports Law Commons^™

Unringing The Bell: Publicly Funded Art And The Government Speech Doctrine, John Barlow

Loyola of Los Angeles Entertainment Law Review

This Article advances the novel argument that within the domain of removing publicly funded art from public display, the application of the Government Speech Doctrine is improper because of the current scope and policy considerations of the Doctrine, the mutable nature of art speech, and artist moral rights. As an alternative, this Article proposes a model statute legislatures should adopt that outlines an appropriate analytical framework for removing public art from public display that takes into consideration individual free speech rights, the government’s right to control its own messages, the nature of art speech, and artist moral rights.