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Unfortunately, freedom of speech doesn't generally run to grafitti - which this is. So the council are within their rights to remove any grafitti that appears on public property (in this case a council owned public convenience). I would imagine that grafitti isn't protected under the First Amendment either.
Most councils don't remove Banksy grafitti - and there are other artists whose graffiti tends to get left alone. In this case it was only removed because ofthe complaint - but legallythey could have removed it anyway purely on the grounds that it is grafitti.
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