By: Olivia Bravo

The Legacy of Protest Art and Artists 

Throughout history, activists have used art as a powerful tool to challenge the status quo and inspire change. From the French Revolution to the Civil Rights Movement, protest art has played a vital role in shaping society and shifting perspectives. 

Art is a universal language. Unlike mainstream activism and engagement, protest art is a powerful way to distill complex issues into imagery that resonates emotionally, cutting through the noise of politics. Many protest artists have become the visual symbol spearheading entire movements, while, in other cases, individual works of art become a movement’s shining north star. 

For example, American artist Keith Haring, recognizable for his bold, colorful murals, has addressed disparate and polarizing issues through his art, with topics including AIDS, drug addiction, and nuclear disarmament. Similarly, anonymous street artist Banksy is known for his politically charged artwork displayed in public locations. His work often accompanies messaging related to war, poverty, and inequality and has been featured in galleries all over the world. 

In other cases, a single work of art by a relatively unknown artist can be a beacon for an entire movement. After Derek Chauvin fatally knelt on George Floyd’s neck on the corner of 38^th Street and Chicago Ave. in Minneapolis, artist Peyton Scott Russell painted a 12-foot mural of Floyd in his honor. That mural became the beacon for the Black Lives Matter movement. The image of one man’s face stirred feelings of grief and outrage, igniting a larger call to action regarding police brutality and a racial reckoning throughout the country. 

In today’s political and social ecosystem, artists and activists have more material than ever to comment on. Protest art has powerful potential to impact society. “If art holds up a mirror to the culture, artists are the pivotal agents of cultural change. Whether to inform others of an issue or to persuade them to join in opposition to it, art and its creators have more power than we are willing to admit.” But what protection do these inspirational activists have to express their voices through art? Is the street art and graffiti often created by these activists protected through the same mechanisms as other forms of art under the law?

Artistic Expression is Protected Under the Constitution 

The First Amendment provides significant protection to artistic expression and, as a result, severely limits the government’s right to censor controversial works in most contexts. The First Amendment protects freedom of speech, which extends to the freedom of expression, encompassing expressive conduct and nonverbal speech. Federal, state, and local governments cannot restrict artistic expression based on its message, ideas, subject matter, or content, except in special cases such as preventing crime or breach of peace. However, while artistic expression is protected by the First Amendment, destruction of property and vandalism are not, and leave protesters vulnerable to charges by law enforcement. Therefore, the fundamental tension between protest art like graffiti and street art lies within the scope of property rights. 

Activists constantly face legal challenges when creating protest art, often taking the form of criminal vandalism or civil destruction of property claims. Street art: murals and graffiti have long been associated with political unrest and are often conduits for protest art. However, where graffiti on bathroom stalls and on underpasses is unintentionally and unwillingly seen by the masses, protest art is often erected in public forums to elicit the most viewers and pack the biggest punch. While some street art is legal if it is being commissioned, in most jurisdictions, graffiti as a form of artistic expression is considered vandalism and defacement of public property. Trying to strike the difficult balance between creativity and regulation, many cities aim to encourage artistic expression, while still protecting the property rights of public spaces. This provides a legal challenge for protest artists. As a result, contemporary artists have begun exploring new media to promote their messaging such as chalk art, light projections, and washable paint. By working in temporary mediums that do not “damage,” modern protest artists are able to express their First Amendment rights without violating property laws. 

Protest Art in the Modern Era  

In addition to using permanent graffiti, street artists could utilize digital media to share their pieces with a broader audience and create something that lasts forever. In this new age of technology, activists should consider taking to social media to disseminate their message. Social media is often the battleground for political arguments and fights in the comments, but it can also be an avenue for social activism. Protest artists should now consider how moving from graffiti and street art to digital media might affect their intended messaging, and whether art in the digital era has the same potential to inspire change. 

#WJLTA #ProtestArt #Censorship #FreedomOfExpression