Law has formally set its face against fear of creativity in various ways, from having a minimum utility requirement in patent to Holmes' famous statement that
If there is a fear of creativity, my guess is that it's worse when the creativity comes from an outgroup or a group you're not a member of--consider the overwhelmingly white judiciary's reception of rap, for example, where most judges showed no interest in learning the new language in which the artists spoke.
It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme, some works of genius would be sure to miss appreciation. Their very novelty would make them repulsive until the public had learned the new language in which their author spoke.
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