(September 29, 2014 at 12:08 pm)FatAndFaithless Wrote:(September 29, 2014 at 12:06 pm)Heywood Wrote: There is a law on the books since 1973 and it hasn't been struck down. So at the moment they are legally allowed to prosecute the kid.Hate to break it to you...just because a law's been around for a while doesn't mean it's consitutional or moral.
Does the Piss Christ artist commandeer the other peoples property? If he does then I would probably argue he could be subject to prosecution.
If the kid owned the statue....then yes I think a very good argument can be made that the kid has a first amendment right. But the kid didn't own the statue and Freedom of speech doesn't give one the right to commandeer other peoples property to use a prop in ones speech.
Hate to break it to you....but a law is the law until it is either repealed or stuck down.