"Yes, But is It Vandalism?" Graffiti, Conceptual Criminals, Artists, and Free Speech

Julie Van Camp

《Aesthetic Pathways》 1卷2期 (2011/06) Pp. 108-117

https://doi.org/10.29431/AP.201106.0007

並列摘要

Is graffiti, which is putatively vandalism, art and therefore exempt from criminal laws because of the protection of free speech? I consider what constitutes ”graffiti.” Is it merely a style of visual art construction? Or does it necessarily involve violation of someone else's property or rights in the art construction to constitute graffiti? I then consider specific examples of contested graffiti, focusing especially on the recently liberated countries of the former Soviet bloc, now experiencing an unwelcome explosion of graffiti.Simply because something is art does not necessarily mean it should be granted the usual protections of free speech, especially when it involves the destruction of someone else's property. We should focus on the alleged crime of vandalism and ask whether the status of the work as ”art” supports a justification or an excuse from criminal prosecution or public condemnation that we would not afford other acts of vandalism.

並列關鍵字

graffiti ； art ； vandalism ； free speech ； justification ； excuse