The myth of freedom of expression in artistic creations

Abstract

Artistic creations regularly face judicial attacks. It is argued that artistic creations affect the honor of third parties and institutions (i.e. the Catholic Church), which has taken our jurisprudence to decide whether freedom of expression protects art. This work argues our judges, however, have preferred to devote themselves to the analysis of the artistic merits of questioned art, instead of defining the scope of the freedom of expression. This may be explained in the absence of a political theory about the values freedom of expression serves.