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Art on Trial: A Strategic Litigation Toolkit for Artistic Freedom

A new AGL resource for lawyers, artists, civil society organisations and advocates working to defend artistic expression through strategic litigation

Published on 26 June 2026

Avant-Garde Lawyers is pleased to launch « Art on Trial: A Strategic Litigation Toolkit for Artistic Freedom », a practical resource developed to support those working at the intersection of artistic freedom, human rights and the law.

Across jurisdictions, artists and cultural actors continue to face legal, political and social pressures that restrict their ability to imagine, create and share work freely. Strategic litigation has long been used to advance fundamental rights, but artistic freedom raises specific challenges: the role of context, symbolism and public controversy; the relationship between art and offence; the use of vague legal standards; and the vulnerability of artists facing criminal, administrative, political or social pressure.

This Toolkit was developed to respond to those challenges. 

Drawing on AGL’s research, casework and practical experience, as well as the collective reflection generated during the Strategic Litigation Surgery convened by AGL in April 2026, the Toolkit offers guidance for identifying, developing and pursuing litigation strategies in defence of artistic freedom.

The Toolkit focuses on litigation opportunities in Europe, including the use of regional and international human rights mechanisms. However, many of the principles and strategic considerations explored in the Toolkit are relevant to cases pursued in other jurisdictions.

The Toolkit is intended for lawyers, artists, civil society organisations, cultural workers, advocates and others seeking to use the law more strategically to protect artistic expression.

Access the Toolkit

The Toolkit is available for a solidarity contribution of EUR 10 at this link.

All contributions are reinvested in AGL’s work to defend artistic freedom and protect artists’ rights in Europe and globally.

To ensure accessibility, AGL also makes the Toolkit available free of charge to artists, activists, civil society organisations, independent practitioners and others for whom cost may be a barrier.

Request free access:  contact@avantgardelawyers.org

The Toolkit was developed with the support of the Swedish Postcode Foundation.