Eugenio Merino

Can Art Legally Threaten the President?

The legal concept of “clear and present danger” also comes into play with works of visual art, considered as a form of speech. A key question is if the work is calling for people to harm the president in a way that would result in an imminent threat, “[as if] you stood in front of a crowd and said, ‘fire your guns right now,’” said Adler. “Short of those kind of imminent moments, First Amendment law has evolved to give broad protection to people who say stuff that might encourage others to act violently."