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Risks

This section is aimed at those with specific legal questions, and covers the various penalties and regulations that might come up in relation to displaying controversial material online. From a free-speech perspective, current risks are not too worrisome, but there are several areas of potential concern.

Criminal Penalties

  • U.S. law includes criminal penalties for obscenity, defamation, and copyright infringement.

Civil Penalties

  • Copyright holders and private individuals can sue for civil penalties in infringement and defamation actions.

Government Regulation

  • Content- and viewpoint-neutral regulations of speech may be permissible in certain contexts.

Terms of Service Violations

  • Artists are more likely to run into restrictions on their speech due to websites' terms of service, rather than government regulations.

International Issues

  • Posting art online makes it available to audiences in other countries – and other legal systems.


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