Friday, April 11, 2008

Art and the law

In New Mexico, photography has been ruled to be a commercial enterprise, and thus ineligible for protection under that pesky 1st ammendment to the Constitution.

Photographers Denied
the Freedom To Choose What They Photograph:

Elaine Huguenin co-owns Elane Photography with her husband. The bulk of Elane's work is done by Elaine, though she subcontracts some of the work some of the time. Elane refused to photograph Vanessa Willock's same-sex commitment ceremonies, and just today the New Mexico Human Rights Commission held that this violated state antidiscrimination law. Elane has been ordered to pay over $6600 in attorney's fees and costs.

(From Eugene Volokh at the Volokh Conspiracy.)

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