Did the Due Process Clause of the Fifth Amendment permit the district court to impose liability against a property owner under the 'recognized stature' provision of VARA, and award enhanced statutory damages of $6.75 million, for destroying works of graffiti art affixed to his warehouses being demolished in connection with development of his property?

QUESTION PRESENTED Designed to create for visual artists a “moral right” of “integrity,” the Visual Artists Rights Act of 1990 (“VARA”) authorizes courts to impose statutory damages of up to $150,000 against the owner of a work of visual art if the owner intentionally destroys a work of “recognized stature’—a novel term, undefined in VARA, which fails to provide a person of ordinary intelligence fair notice of what is prohibited. Did the Due Process Clause of the Fifth Amendment permit the district court to impose liability against a property owner under the “recognized stature” provision of VARA, and award enhanced statutory damages of $6.75 million, for destroying works of graffiti art affixed to his warehouses being demolished in connection with development of his property?