I didn't get a chance to respond to this or have time, but I agree with the whole Piss Christ thing and even though I find it to be morally repugnant and on a basic level to be just plain disgusting, foul, and vomit inducing not to mention shamelessly promoting based on shock value, from a legal standpoint... I guess... I could consider it to be art.
However that's a different discussion altogether from the 5Pointz Graffiti Mecca and spray painting whore on a person's gravestone. Despite the fact the judge, Frederic Block, side with the artist's outrageous lawsuit - which actually went to jury trial, and award the artist a preposterous amount of money, that still doesn't make it right... or really even
legal. Judicial activism is sadly a real thing, and so is private property and no one has the right to destroy, vandalize, or "art-up" private property without the owner's consent... public property there
could be a case for more leniency especially when it comes to street art. So yeah, I would have loved to see the jury selection on that specific case you linked.
I do think street art can be beautiful and rise about simple labels such as graffiti or vandalism, however, that's beside the point. Property rights are a real thing and if I own a building or what have you, unless we get into imminent domain or right of use/easement laws, I have a right to choose what happens to it.
Personally I think that 5Pointz mural was spectacular, but what I think in terms of my preference or admiration for an artist's work, doesn't supersede on what I know to be right and ethical. Was the guy an ******* for painting over it? Yeah... maybe, that's hardly the discussion. Also that's a bit of a stretch too as a counter example to the claim that spray painting whore on a person's gave IS vandalism.