I believe this question has been tested in many court cases, and the press is protected by the constitution in ways that artists are not.
High courts have stated that freedom of the press cannot be maintained if they cannot publish pictures of news events.
Our Founding Fathers hotly debated the inclusion of Freedom of the Arts in the Constitution, but many of them felt that Copley had portrayed them in a less than flattering manner, and dropped this item from the Bill of Rights, just to spite him.
