This study aims to explore and define the concept considering the freedom of art in the constitution, and to probe the limitations and boundaries set for the freedom of art based on the protection of children and youths. The methods include literature analysis, case study, and comparative law is used to discuss the related theories and practices in Germany. The study finds that freedom of art should belong to the fundamental rights. The constitution defines art as creative activities in the domain of life as well as the forms in which art presents itself. The Federal Constitutional Court of Germany exercised the theory in scope of works and the scope of effects to expand the scope in freedom of art. For the sake of children and youth protection, the freedom of art should be limited. With the limitations pursuant to the ratio principles under the principles of a legal state, cases may need to be discussed individually with the participation of professionals from the fields of arts and education. Finally, concrete suggestions are made regarding to the current system of children and youth protection in Taiwan.
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