网络恶搞已成为一个热点问题,以“馒头案”为代表的恶搞所引发的纠纷背后实质是权利之间的冲突,宪法学界较为关注的是其中的艺术自由。然而艺术自由在规范宪法学研究上似乎有些落寂,它的独特之处在于具备表达自由和文化权利的双重属性,应当赋予其应有的宪法学地位。在德国宪政法院判例的启示下,笔者认为,通过运用法律优位,利益衡量等原则,可以确立艺术自由与著作权、人格尊严权等权利冲突时的相对优越地位。 Internet spoofing has become a hot issue. The controversy triggered by the spoof represented by the “bread case” is essentially the conflict between the rights. The constitutional academic circles pay more attention to the freedom of art among them. However, there seems to be some loneliness in regulating the study of constitutional law in art freedom. Its uniqueness is that it has the dual attributes of freedom of expression and cultural rights, and should give it its due constitutional status. Inspired by the case law of the German Constitutional Court, the author believes that by using such principles as legal superiority and interest measurement, the relative superiority in the conflict of rights between art freedom and copyright and dignity of human rights can be established.