The question is almost never "is this art?" Because "art" isn't a two-valued logic, and the legal protection of art is similarly gradual. Proof by absurdity: I

The question is almost never "is this art?" Because "art" isn't a two-valued logic, and the legal protection of art is similarly gradual. Proof by absurdity: Imagine a skyscraper that is, according to your own definition, definitely art, and specifically art that falls under the protection of free speech in the first amendment. Now try building that skyscraper in downtown San Francisco. You'll quickly find that even constitutionally protected rights can be abridged for reasons not protected by the constitution.