Wondrous Dark: Visual Art as Free Speech

There is general agreement that art is protected by the First Amendment. But what is art? As the nature of art has itself radically evolved, the notoriously unanswerable question has become even knottier. Courts have addressed the issue with a mélange of old fashioned and ill fitting criteria, but one Supreme Court dissenter has proffered an alternative, implicitly accepting the theory of the renowned art critic and philosopher, Arthur Danto.