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Free Expression

CDT Launches Online Free Speech Resource for Artists

CDT is pleased to announce the launch of OnlineArtRights.org, a new website dedicated to artists’ free speech rights online. Sponsored by a generous grant from the Andy Warhol Foundation for the Visual Arts, OnlineArtRights.org provides information and resources covering the wide range of free speech issues – and First Amendment protections – artists may encounter when they post their work on the web. CDT also invites interested artists to submit their work for possible display on the site. Artists can find more information about submitting their work here.

The site is divided into three categories that are designed to respond to different questions. The Issues section of the site walks through the laws surrounding different types of content that might appear in an artist’s work, covering everything from sex and violence to satire and remix. If you’re looking for a quick run-down of the key points, check out the What You Need to Know page for each issue. The Basics provides a complete introduction to the topic, while Laws, Cases, and Other Resources is where you’ll find a full legal analysis of each issue, with links to key laws and cases. In the Roles section, we highlight some considerations that artists and content hosts should make when posting work, and the Risks section outlines the liabilities an artist might face, both in the U.S. and abroad, for work they share via the Internet.

Fortunately for artists in the U.S., the First Amendment’s protections for art and other speech are just as strong online as they are offline, and the vast majority of creative expression accessible online is unquestionably protected. But for artists who are facing legal challenges, aren’t sure whether their work crosses the legal line, or are just curious about their rights and the restrictions that the government and others might enforce against their works, OnlineArtRights.org can help answer those questions.