Randall Bezanson and Andrew Finkelman have posted a most creative work, "Trespassory Art," on ssrn. In short they argue for an expansion of the rights of artists to trespass on public and private property and perform on that property–an expansion, in essence, of the right to leaflet on private property in limited circumstances (like malls) or to conduct union organizing activity on an employer's private property. (Some of the trespassory art that they talk about involves leaving marks on the property where the trespass takes place–like defacing billboards. I take it that's not protected under their analysis.)
Creative stuff. It's worth a read for property professors and for people interested in remedies, too. I think when you finish the article you'll say, "that's something I haven't heard–or even thought about–before."
Bezanson and Finkelman are operating with at least distantly parallel issues to the right–recognized by statute in some states and common law in some others–to visit graves on private property.
This is very interesting, and it sounds somewhat related to issues I cover in my Art Law class concerning graffiti as legal and illegal art. In addition to cases, we discuss the 1980's tussle in NYC between Mayor Ed Koch and graffiti artists, and this sounds like a great addendum. Thanks for passing this along.