Capitol Painting Lawsuit Doomed, Legal Scholars Say
Experts say the case pitting government speech against free speech seems more like a scenario that would play out in a law school exam question.
April 21, 2017 at 03:47 PM
10 minute read
A controversial painting that made headlines earlier this year is now the subject of a lawsuit in a federal court in Washington, D.C., but constitutional experts predict the plaintiff's free speech arguments are doomed.
The case hinges on whether an art competition held by members of Congress qualifies as “government speech,” which has less protection under the First Amendment.
The legal feud has roiled emotions in Washington and across the nation, mostly due to public bickering between lawmakers over a painting's portrayal of police brutality.
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