Do photographers have a First Amendment right to choosewhat they photograph?

[Scarberry, Mark]

Wouldn't it be correct to say that many great works of art were made as
a result of commissions (commercial transactions) for the exclusive use
of the patron and the patron's friends, who would put the art in his or
her home? That does not seem to be an adequate basis for stripping 1st
Am. protection from a creator of art.


Mark S. Scarberry
Pepperdine University School of Law
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Janet Alexander
Sent: Thursday, April 10, 2008 2:19 PM
To: Volokh, Eugene; conlawprof at lists.ucla.edu
Subject: RE: Do photographers have a First Amendment right to choosewhat
they photograph?

I agree that photography "is generally a First-Amendment-protected
medium," but is there a distinction where the photographs are made in a
commercial transaction, for the exclusive use of the purchaser ?  I
would be very surprised (to the point of litigation) if my wedding
photographs, taken by a commercial photographer, were to be exhibited,
sold, or even shown to anyone else without my consent.  Does this affect
first amendment protection with respect to discrimination against
purchasers?