The fundamental right to artistic freedom secures a legal space for art. Here, artistic creation can be free to overcome its boundaries and develop further. This protection allows artists to overcome certain legal barriers; it enables opinions, statements, and activities that would no longer be permitted in a non-artistic context.
However, this scope for artistic opinion sometimes borders on the offensive, inflammatory or distasteful. This is where the law of art finally says: Stop! This is when the rights of others are violated.
Art and law are intertwined. Art pushes the boundaries of the law and thus shows the barriers in the state structure that may have to be opened under certain circumstances. At the same time, it is the fundamental right to artistic freedom that makes the space for this representation possible. However, to protect others, there must be a line that must not be crossed. The exact location of this line must be determined on a case-by-case basis.