This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy | JD Supra


This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy | JD Supra

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end.  While the court acknowledged that St. Louis teenager David Pulphus’s Untitled #1 had been removed based on its viewpoint, it ultimately held that Pulphus was not the one “speaking,” the government was.  As such, it was free to do as it wished.  The court’s opinion carefully considered the factors that determine whether the speaker is the government or a private citizen, …

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