Art Law Library: Contracts

 

To avoid addressing First Amendment issues, courts will sometimes resolve conflicts over censorship by considering the specific terms of any contractual arrangement governing the situation. Depending upon the facts and circumstances of the case, the court may find that the artist has waived his or her free speech rights, particularly if the government acts as a purchaser of the artwork. At other times, breach of contract claims, such as lease terms, are utilized by government agencies as a pretext for regulating speech. If they are clearly pretextual, and the real purpose is to stifle a particular viewpoint, such claims are unconstitutional.