Paintings, sculptures, prints, installations, drawings, and photography are all considered protected speech under the First Amendment. Even so, conflict arises based on objections to the religious, sexual/nudity, or political content of the artwork.

One of the most prominent debates surrounding free expression in the arts in recent years has focused on public funding for work considered controversial. However, while the government may decide to not fund art at all, if it does decide that government support of the arts is essential, it cannot fund only art that expresses a viewpoint government officials like. In brief, the government may not fund art in a way that discriminates based on viewpoint. (Public funding for the arts has a bipartisan support in congress - art has been proven to provide jobs, invite tourism and otherwise contribute positively to the economic development of a community, as well as improve its cultural image and quality of life.)

Another set of issues that come up around the freedom to show one’s work relate to the venue where the work is shown. Art in public spaces is a highly visible part of our daily environment and requires negotiation and regulation that maintains a balance between an individual’s constitutional right to free speech and public harmony and welfare. Art in public buildings presents issues of public forum classification and curatorial discretion.

What happens when an art work, which a city has commissioned an artist to create, is destroyed? Artists have some statutory protection over their “moral rights” in their work from the federal Visual Artists Rights Act of 1990 (VARA). It provides for rights of attribution and to prevent or provide remedy for any modification or destruction of the work.

» 8/ 1/ 2007 - Filmmakers, Photographers and Free Speech Advocates Object to Pending New York City Filming/Photography RegulationsThe New York Mayor's Office of Film, Theater and Broadcasting is considering new rules that would require any group of 2 or more people who want to use a camera on city property -- including sidewalks -- for more than a half hour to get a city permit and $1 million in liability insurance.

» 7/ 6/ 07 - Video Pulled from Display Upon Request by Corporate Sponsor The Three Rivers Arts Festival in Pittsburgh pulled a video installation by artist Carolina Loyola-Garcia from display in its “Best of Pittsburgh 2007” exhibition.  One of the Festival’s corporate sponsors, PPG Industries, had offered its property for the exhibition but objected to the video installation on the basis that it was inappropriate for display.  The video showed a nude female bathing with milk and honey in the woods.  The Festival’s Executive Director pulled the piece, stating that PPG “ was within its rights as a corporate partner” in asking for the work to be removed. The need for financial support of private arts organizations should not interfere with an organization’s mission to present the best work and foster an open dialogue within the community. In a public arts festival, a corporate contributor could be allowed final say over what gets exhibited, based on the vague claim of its “appropriateness.” For this reason NCAC is calling on Elizabeth Reiss, Executive Director of TRAF to clarify the Festival’s relationship with its various contributors and re-affirm its commitment to artistic merit and creative freedom.

» 4/ 20/ 2006 - Acclaimed Japanese Art Book Pulled from Libraries"Manga: Sixty Years Of Japanese Comics," by Paul Gravett, was removed from several libraries in San Bernardino, CA by the County Board of Supervisors Chairman, Bill Postmus. The book was ordered off the shelves after a complaint from Cynthia Jones, whose 16 year old son had borrowed the book from the library. The work is a history of Manga comics, and includes discussion of adult comics that depict sex and violence. The library had originally responded to Ms. Jones' complaint by saying that it was the parents' responsibility to determine what is appropriate for their child and kept the book on the shelves, until Bill Postmus had the work removed.

» 1/ 2/ 2002 - William Pope.L, performance artist, denied funding by NEA for retrospective exhibition. Previous performance of walking around NYC wearing an extendable (to 14 feet) white cardboard penis is thought to have triggered the rejection of funding by the NEA. See, Some Questions Raised By The Latest National Endowment for the Arts Grant Making Decisions January 2, 2002

» Summer 2001 - Texas "In-Your-Face" Group Wins Arts Funding TriumphThe court determined that San Antonio was penalizing Esperanza by discontinuing arts funding to the center due to the socio-political views expressed in the artwork produced at the center. The removal of arts funding was determined invalid and an infringement on Esperanza's First Amendment rights.

» 10/ 18/ 2001 - Free Expression Organizations Celebrate Esperanza Center's Landmark Legal Victory The San Antonio City Council defunded the Esperanza Peace and Justice Center for sponsoring a lesbian and gay film festival. Esperanza's First Amendment lawsuit prompted the city to bar funding for organizations in an adversarial relationship. The policy was rescinded when city counsel called it illegal. Nonetheless the city still denied Esperanza funding. [CN #71 Fall 1998]

» 11/ 1/ 1999 - Brooklyn Institute of Arts and Science v. City of New York and Rudolph Giuliani 64 F.Supp2d 184 (F.D.N.Y. 1999)
Then-mayor Giuliani and New York City, offended by piece in the Brooklyn Museum's exhibition "Sensation," attempted to revoke federal funds previously designated for the museum and eject the museum off the city-owned land. The painting in controversy was Chris Ofili's The Holy Virgin Mary, depicting a black Madonna with cut-outs from pornographic magazines and elephant dung.Also see: » 6/ 28/ 1996 - Culture Wars Come to New York (Along With Mosquitos)

» 6/ 20/ 1998 - Artist Karen Finley Challenges "Decency and Repect" Provision Finley and three other performance artists who were denied funding previously granted by the NEA challenged the constitutionality of the "decency and respect" provision contained in a recent amendment to the NEA's funding policy. The Supreme Court upheld the provision as only being "advisory" in order to prevent Congress from eliminating the NEA altogether.

» 8/ 8/ 1990 - AFA Sued by Artist for Defamation and Copyright Infringement Multimedia artist David Wojnarowicz sued the American Family Association for unauthorized use of his artwork in a pamphlet criticizing his work and the NEA's funding practices. The district court distinguished between the New York Artists' Authorship Rights Act and the federal copyright law as addressing different issues

» 2/ 23/ 2007 - NCAC Statement on "Footprints: Portrait of a Brooklyn Neighborhood" at the Brooklyn Central Public LibraryThe Brooklyn Central Public Library on Grand Army Plaza embroiled itself in a censorship controversy this February by excluding several pieces from a show documenting the Brooklyn Atlantic Yards neighborhood. The exhibition, “Footprints: Portrait of a Brooklyn Neighborhood,” first appeared at Grand Center, a community space in Prospect Heights. When the Library offered to host the show, it also stipulated that some of the work, which could be perceived as advocacy against the pending development of the area, should be excluded. Even though the library offered other rationales– size and artistic merit – the political position advanced by some of the work was clearly the reason for the exclusion.

» 3/ 16/ 2005 - Political Piece Returned to InstallationGayla Lemke's installation, "Hope Stones," was removed from the Lakewood, CO Cultural Center after city council members objected to its "anti-American" content. Ultimately, the installation was reinstated with the offending part left out.

» 2/ 11/ 2004 - "Eye-Speak" to Be Removed "Eye-Speak," a series of tapestries created by 116 Los Angeles-based artists of African, Chicano and Latino descent are to be removed from the International Terminal at LAX in February 2004 because several complaints by unnamed airport personnel, who allegedly said they found parts of the work "offensive," LAWA decided a segment of "Eye-Speak" or all of it must come down, LACAD ceded to that agency's pressure.

» 11/ 7/ 2001 - "Fatgirl" removed from Post Office In November, 2001, artist Audrey Francis's painting, "Fatgirl," which was displayed at the local post office, provoked a letter from a town resident who found "Fatgirl" offensive. Francis refused to replace "Fatgirl" and removed the painting later that day.
Related:
Letter to Postmaster John Viola to Restore the Artist of the Month Program to the Hyde Park Post Office

» 2/ 7/ 2003 - A Federal Facility Invites Artists to Exhibit, But Then Decides To CensorWhy removing controversial artwork from public, non-gallery spaces is problematic constitutionally and describing a specific incident in Sioux Falls, SD. Joy Crane in Sioux Falls, S.D. had two pieces of art removed from a government mapping center which regularly hosts exhibits by local artists. Deeming them "inappropriate," the center removed sculptures of a tiny pregnant male, and the Earth emerging from the birth canal. NCAC is urging the center to develop exhibit policies that protect artistic freedom.

» 2/ 6/ 2002 - Statue Covered by Fabric Two giant statues of the Spirit of Justice and the Majesty of Justice, one of whose breasts is exposed, present in the Great Hall of the department since the 1930s, were permanently covered in blue drapes in February 2002. [anchor to Washington, D.C.]

» 2/ 15/ 2001 - City Hall Removes Artists' Works, Labeling Nudity as "Controversial" Artists Hopper and Rupp's work was removed or rejected from display in City Hall because they contained nude figures. The Ninth Circuit found the City Hall to be a designated public forum, and the City's restriction on nudes (not enforced previously) invalid as not being narrowly tailored to meet a compelling governmental interest.

» 8/ 3/ 2001 - Joy Crane's "Chastity Belt Circa 2001" in South Dakota The South Dakota Brookings Art Council reversed its decision to exclude a local artist's piece from an annual art exhibit. Previously, it feared the piece was inappropriate because of its controversial content and potential to cause conflict in the community.

» 3/ 21/ 2001 - Censorship or Curatorial Discretion? A Seattle gallery chose to move artwork from the front to the back room of its space after the provocative nature of the photographs prevented patrons from moving throughout the entire gallery to view other artists' works. This incident questions where the line is between censorship and permissible curatorial discretion.

» 6/ 13/ 2001 - ACLU Files Lawsuit Challenging Mayor George Wuerch's Removal of Pride Exhibit from Loussac LibraryThe Pride exhibit in the third floor display area of the library was ordered removed by Mayor Wuerch before the library opened the morning after it was put up. The Mayor did not think the public library was an "appropriate" location for this message.

» 2/ 12/ 1998 - Artist's Sculpture Denied Space in Federal Building Artist Sefick's satirical sculpture of a federal court judge was denied display in the courthouse. The Court held that the courthouse was a non-public forum and therefore restrictions based on content were allowable as long as they do not transgress viewpoint neutral guidelines.

» 3/ 27/ 1997 - Artist Sues After Painting Removed from CIty Hall Artist Henderson's painting of a semi-nude female figure was removed from display in the rotunda of the City Hall. The court found that the removal was content-based and an inappropriate violation of the artist's First Amendment rights.

» December 1995 - Female Nudity, Not in Our Community After the Raleigh (North Carolina) City Council decided to "preview" some art works that had been booked for exhibit in a city-owned building, the gallery yielded to pressure and booted the artist and her erotic works from the show. The gallery committee had wrestled for several weeks with how best to present the exhibit, which includes images of female nudes interspersed with handwritten text describing an apparent sexual fantasy. The committee had decided to cover internal windows and restrict access to keep children from wandering in. But that proved inadequate after two civic leaders complained to the Raleigh mayor that the exhibit was "pornographic." The artist, Elin O'Hara Slavick, is on the University of North Carolina faculty.

» 7/ 31/ 1994 - Manhasset Public Library Loses Case Against Nude Paintings Bellospirito's paintings of semi-nude female forms were refused display in the library's community room due to its unwritten policy of no-nudity in the art it exhibited. The District Court found the library's policy to be overbroad and held for Bellospirito.

» Spring 1994 - Student Sues Chicago over Artwork Seizure In 1987 Nelson, a Chicago art student, painted a portrait of the city's recently deceased black male mayor in women's underwear. The painting, entitled "Mirth and Girth" was displayed at the Art Institute of Chicago's private student exhibition until, in a dramatic, televised event the painting was seized by several city alderman, wrapped in brown paper, somehow slashed and held in police custody for a day.

» 2/ 2/ 1993 - Art on Abortion Revoked from a City Building Artist Claudio's license to display artwork in a government building in Raleigh, NC, was revoked after the revelation of his work - a painting with a naked female, human fetus, and clothes hanger. The Court found the revocation valid, as the building was a non-public forum and the action was content-based and viewpoint-neutral.

» 4/ 12/ 1985 - Professor's Risque Stained-glass Moved A Professor's stained-glass contribution to a faculty art exhibition at the College was removed to another display area due to its subject matter, which contained nude figures engaged in sexual acts. The Supreme Court ruled that the removal was constitutional since the College gallery was not a public space, and the College was acting appropriately within its bounds.

» Carter v. Helmsley-Spear, Inc. 71 F.3d 77 (1995) Two sculptors sued under VARA when their site-specific piece was removed without their permission. The court determined that there was no violation, as the piece was a "work for hire" and therefore outside the scope of VARA.
For complete list of Religion-based censorship issues, see Religion issue page.

» Spring 2004 - Has His Penis Gone to His Head?Jerry Boyle's sculpture, Holier Than Thou, provoked heated criticism that it is offensive to Catholics because the Bishop's miter is overtly phallic and his expression too dour.

» January 2002 - Antonin Miralda's Active Ingredients Antonin Miralda's Active Ingredients, an installation featuring figurines of cultural icons, including the Pope, sitting on toilets riles the Catholic League in January 2002. Also see: Catholic League Objects to Traditional Figurines in Art Installation

» Spring 2001 - Mayor Al Larson is no Rudy GiulianiSchaumburg, IL- In the face of protest against artist Dick Detzner's version of The Last Supper, Mayor Larson supported the decision of the Chicago Athenaeum to show the work. Detzner had substituted images from cereal boxes for the Apostles and called his work The Last Pancake Breakfast. [CN #81 Spring 2001]

» Alma Lopez's Our Lady, a digital image of Our Lady of Guadalupe in a "bikini" of roses instigated both protest and strong support after its exhibition in the Museum of International Folk Art in Santa Fe, NM in 2001. » Press Release from the NCAC » NCAC's perspective on the controversy, including links to further information

» Censorship, Not Curatorial Discretion Pat Payne's Violence in Religious and Sexual Imagery, a series of works blending both religious and sexual images, was removed in March 2001 from public display at Santa Fe Community College due to protests about the perceived religious criticism and disrespect.

» In November 1999, the new director of the Detroit Institute of Arts padlocked the doors of an art exhibit, Art Until Now because some of the religious and racial artworks may offend "important parts of our community."

For complete list of issues, see Political Speech and Dissent issue page

An art exhibit, Made in Palestine, showing the work of Palestinian and Arab-American artists about the Palestine-Israel conflict at the Westchester, NY County Center, was attacked by the district's assemblyman as "anti-Semitic," and for "promoting terrorism." The legislator tried to cancel a fund-rasing event the group had scheduled and the exhibit itself, but was overruled by the County Executive. [CN #97 Spring 2005]

City Council members in Lakewood, Colorado removed an artwork by an Air Force veteran, Gayla Lemke, which they considered "anti-American and anti-military." In the exhibit were ceramic "Hope Stones" with quotes about war from famous people, including Benjamin Franklin. The offending quote, from Bill Maher, said, "A real coward is someone who drops a bomb from a protected space several thousand feet up." The council restored the stones and apologized. [CN #97 Spring 2005]

Respect for the integrity of art prevailed at the University of Wichita's Ulrich Museum after a community group asked to have a political statement posted alongside Where We Come From, an exhibition by the critically-acclaimed Palestinian-American artist, Emily Jacir. The show drew concern from the Mid-Kansas Jewish Federation, which pressured the museum to post a sign and distribute brochures on the group's views on Middle East politics. The artist objected, and her call for assistance received nationwide response from artists, academics, and curators. NCAC and others argued that the inclusion of a statement from a political group would violate the artistic integrity of the exhibit and expose the museum to future political pressure. The museum decided to go forward with the exhibition without conditions or limitations. [CN #96 Winter 2004-05]

» Political Satire Out! December 20, 2004
Chris Savido's "Bush Monkeys," a portrait of President Bush comprised of monkeys in a marsh, was removed from a Chelsea Market exhibition in New York City.

In McAllen, Texas, the International Museum of Art and Science removed Rene Garza's sculpture of a globe constructed of gas station signs and mufflers sitting on an oil barrel, fearing to alienate major oil and energy industry contributors. [CN #95 Fall 2004]

» Luggage Project at Denver Int'l Airport The Luggage Project, an installation by Max Yawney, was installed at Denver International Airport on July 7, 2004. Two days later, three of the works in the installation were removed, apparently in response to complaints about the use of objectionable materials, including box cutters, red paint splatter, political bumper stickers, and toy missiles.

Gallery Where Guy Cowell's Abu Ghraib Painting Hangs is Vandalized
In May 2004, at a San Francisco gallery, Lori Haigh's display of a new painting by graphic novelist Guy Colwell depicting the Abu Ghraib prison torture, has led to Haigh receiving threats on the lives of she and her children and enduring vandalism at her gallery.

» The Super Imposer Removed from Fairfield Center for Creative Arts In November, 2003, Jim Kimberly's sculpture, "The Super Imposer," was removed from the Juried Art Show at the gallery of the Fairfield Center for Creative Arts in Fairfield, CA because it was considered politically controversial.
Related:
Letter from NCAC & the First Amendment Project about Censored Political Art in Fairfield CA

» Flag Exhibit Unfurls Protests Fall 2003
An art exhibit featuring flags at Nassau Community College in Long Island, New York has elicited a vibrant discussion of symbolism and the value of dissent. The exhibit included an installation by Dread Scott, entitled What is the Proper Way to Display the U.S. Flag?

» In Texas: Positive Art Brings Negative Response Spring 2000
An art exhibit about Houston's civil rights history was removed from the windows of Foley's Department Store. The provocative photograph, titled Racial Tensions, features black and white figures balanced on opposite ends of a see-saw, with nooses around their necks and hands tied behind their backs.

» Sculptor Fights City Hall and Wins Fall 1997
Internationally-known artist Paul Goreniuc didn't cave in when city officials in San Jose, CA threatened him with $2500-a-day fines for failing to remove his outdoor sculpture, Space Dance for Peace IV, from the front lawn of his own home.
Controversial Content - Sexuality/Nudity For complete list of Sex/Nudity-based censorship issues, see Sex/Nudity issue page

» Tuscaloosa College Bans "Negative" Photos Winter 2003-2004
Shelton State Community College in Tuscaloosa, Alabama has removed from its gallery an exhibit of photographs by John Trobaugh of G.I. Joe and Ken dolls for fear that they "created a negative impression."

» Nevada County, CA Show Cancelled Because of Nudes October 1, 2003
The work of 65 artists was taken down from Annual Open Studios Art show in California's Nevada County Rood Administrative Center because the work of five of the artists contains partial nudity.

Nude is not lascivious, determined a federal court in throwing out a case against a Pennsylvania photographer who had taken photos of her teen-age daughter and friends showering at the beach. Senior Circuit Judge John T. Noonan, sitting on the 3rd Circuit, ruled that the photos were not pornographic. [CN #87 Fall 2002]
Related:
» Free Speech Groups Protest Nevada County Art Censorship and Call for Guidelines Respecting Artistic Freedom and Cultural Diversity October 9, 2003 press release and letter for this incident

» Los Angeles Art Show Canceled by L.A. City Cultural Affairs Department Under Threat of Community Violence October, 2001
The work in controversy, War, showed LAPD and gang members in same-sex dancing poses.

» Male Nude Proves Too Realistic for California Art League September 27, 2001
The Elsie May Goodwin Art Center, run by the Stockton Art League, rejected a sculpture by one of its members-Vincent Mazo-because the piece was too anatomically explicit.

» Senator Mitch McConnell's staff director Tamara Somerville "makes no bones about it, we do censor." The occasion for her candid remark was an art exhibit sponsored by the American Academy of Orthopedic Surgeons, scheduled to be shown in a Senate office building. The "objectionable" paintings were by Laura Ferguson, whose scoliosis inspired her depictions of skeletal nudes. Rather than censor the exhibit, the AAOS chose to move the entire exhibit to the Millennium Art Center. [CN #82 Summer 2001]

» Painting Showing Umbilical Cord Removed From Show Michele Tuohey's painting, "Butterfly," was removed from a show of Cuban-American art in Springfield, IL in August 2000. The problem was the red umbilical cord running between the legs of one of the figures in the painting to a fetus behind her.
Related:
» Grassroots Letter to Governor George H. Ryan regarding the removal of Michele Tuohey's painting, "Butterfly," from an exhibition at the Illinois State Fair.

» Michigan artist Jef Borgeau, whose exhibit at the Detroit Institute of Arts was cut short by the Director after three days, was charged with "obscenity" for displaying a version of the exhibit at a Pontiac gallery as part of a symposium on censorship, taste and morality. Police ticketed Bourgeau and threatened him with arrest after an individual took offense at images by artists like Balthus, Sally Mann, Rembrandt, Mapplethorpe, and Picasso. The charges were later dismissed, ostensibly because Bourgeau covered the gallery windows. Bourgeau cited the chilling effect on artists. "It's critically important to have the right of free expression without the fear of prosecution." Borgeau and the ACLU, which defended him, are considering suing the city for violating his civil rights. [CN #78 Summer 2000]

» Participants at a home school convention in Sacramento, California recently were so embarrassed by nudity that they clothed a sculpture-a replica of the famous bronze statue of the Greek god Poseidon, with the consent of city officials. Offended residents protested by stripping the statue and blindfolding it with its own newly-acquired necktie. [CN #79 Fall 2000]

» Censorship Unveiled Winter 1999-2000
When artist Lynn Zachreson displayed her paintings of nude figures at an annual community art show, the director objected.

» One of the artistic wonders of the world, Michaelangelo's David, according to some, is not fit for children to see. To prevent his daughter from glimpsing a model of the nude statue from the school bus, a Connecticut parent had the Shelton school district reroute the bus stop. [CN #73 Spring 1999]

» Artist Kim Waale was asked to remove part of her sculpture from the New York State Museum's Biennial Exhibit because they were considered too sexual for "family" viewing. She and three other artists withdrew from the show in protest. [CN #70 Summer 1998]

» In Auburn University, a student sculpture by artist Jenny Root, Mother/Father, was moved from the main exhibit to a less public space after some administrators called it "inappropriate" for children because of its depiction of nude bodies. [CN #70 Summer 1998]

» Firefighters in Pennsylvania Put Out Art Show Fall 1997
After Commissioner Alan Yingst decided, without viewing the art, that "community standards of decency" would be violated by a show entitled Sex Is Art, the show was canceled.

» A Kiss is Just a Kiss Winter 1997
Four sculptures by Auguste Rodin, each of which is nude or semi-nude, were pulled from a traveling exhibition of Rodin's work.

» Barnes and Noble Indicted in Tennessee Winter 1997
Tennessee prosecutors have charged Barnes & Noble with violating state obscenity law by displaying The Last Day of Summer and Radiant Identities by Sturges and The Age of Innocence by David Hamilton in its Brentwood store.

» The Philly Flasher Succumbs to Censors in Tennessee Fall 1997
The Philly Flasher, a painting with a visual depiction of frontal male nudity by Emerson Zabower, was removed from the walls of an art exhibit in Johnson City, TN, in August. A few of the viewers found it so offensive they demanded its removal.

» Jock Sturges Photos Vandalized in Bookstores Fall 1997
A new collection of photographs by Jock Sturges has become a magnet for protestors who have descended on Barnes and Noble and Borders Bookstores in at least 20 sites around the country, demanding the book's removal for its photos of nude children.

» Gay Family Exhibit Draws Fire and Support Summer 1996
An art exhibit, Love Makes a Family: Living in Lesbian and Gay Families, created to depict the diversity of families, was attacked in Amherst, Massachusetts.

Nudity, Male Version
After learning that a scheduled art show featured paintings of nude men, the board of the Barnwell County Museum in South Carolina voted to lock the gallery, and asked painter Robert Sherer to remove his work. "The show is not appropriate for the town," according to museum board chairwoman Ann Haygood. "They're not outrageous," said the artist, referring to the paintings. "These are academic studio paintings of models in a pose. You've seen these a thousand times, but usually they're of women. It's actually pretty boring." [CN #60 December 1995]

Nudity, Co-ed Version
In Ruidoso, New Mexico, an artist who was sculpting a large naked man and woman in a driveway outside her studio is facing charges of displaying sexually explicit material to minors. "I'm going to fight this because I'm not fond of censorship," said Candyee Garrett, the sculptor. "I can't believe that people get this riled up about art. I'm really speechless." [CN #60 December 1995]

» 8/ 10/ 2004 - The Price of Fair Use: Tom Forsythe's Barbie Doll Photographs Artist Tom Forsythe was sued by Mattel for copyright and trademark infringement for his use of their Barbie dolls in a series of photographs entitled "Food Chain Barbie." After four years of litigation, Forsythe, with the help of the ACLU and a private firm, prevailed and was awarded legal costs amounting to over $2 million.
An article in Forsythe's own words: » Food Chain Barbie & the Fight for Free Speech

» April 2002 - Young Photographer Sent to Prison for Corpse Abuse Young professional photographer in Cincinnati, about to have his first gallery art show, was sentenced to two and a half years in prison for photographing corpses in a morgue for an art project about the cycle of life. Thomas Condon believed he had permission to take the photos but was indicted and charged with "corpse abuse." NCAC has collaborated with art advocacy organizations to garner support for Condon, and protest the criminalization of artistic expression in Cincinnati. Read NCAC's Press Release here.

» Summer 1998 - Reason and the Arts Prevail in Vermont. Someone raised questions about whether a multimedia work of art by Ed Pepe, scheduled to be shown at the Helen Day Art Center in Stowe, Vermont would offend "community standards." Fortunately, the Board of Directors decided to include the pieces and to allow art patrons to judge for themselves. NCAC and others urged this result, noting that art lovers and artists alike rely on galleries to present various artistic visions and artistic forms of social and political expression.

» The NCAC's Arts Advocacy Project is a thorough source for recent and past censorship incidents as well as a censorship timeline.

» The NCAC's Art, Free Expression, and the Law Project offers a comprehensive look at some of the main legal issues involved in First Amendment law as well as provides opinions and summaries for relevant court cases.

» Visual Artists Rights Act (Section 106A) A 1990 modification of the Copyright Act of 1976 that specifically provides protection for visual artists' works without requiring registration of a copyright.
» For full text of the VARA and Copyright Act of 1976

» Free Expression in Arts Funding: A Public Policy Report The Free Expression Policy Project's report surveys free expression policies among state arts agencies and a sample of local agencies.

» Resolution No. 1897 calling upon all New Yorkers to oppose the use of government funding to impose subjective standards of decency, ideology or any person or group's religious beliefs.

» Censorship in Camouflage II: McDonalds or McDocumenta: Artistic Freedom in a Global Economy Panel Discussion held at the New School University, June 17, 2003

» Statement of artistic freedom in government-supported spaces (Illinois)

» Lakewood Agrees to Restore Censored Artwork March 16, 2005
Lakewood city officials have agreed to restore to its original condition Gayla Lemke's piece, titled "Hope Stones," that they censored last month on the ground that they believed it was "anti-American" and "anti-military."

» Exhibition of Greek Goddess Cancelled, Then Approved Roseburg, Oregon
February 25, 2005
Officials of the Douglas County Museum were planning an exhibition on Hebe, a character of historical significance to the town, until several Douglas County Commissioners ordered the exhibit to be canceled believing it could "drive a wedge" into the community.

» ACLU Says Texas Police Violated Art Gallery Owner's Freedom of Expression: Police Forced Artist to Cover Classical Image of Nude 'Eve' January 11, 2005 The ACLU filed suit against police officers, claiming they violated an art gallery owner's freedom of expression by coercing him to remove a mural depicting the biblical story of Eve.

» Letter to New York City Parks Department About New Public Art Program Rules January 6, 2005

» A Blank Check? Summer 2004
by Joan E. Bertin
Perhaps the Supreme Court decision affirming the rights of individuals detained as "enemy combatants" to consult with lawyers and to contest the grounds for their detention reflects the leading edge of an attitudinal shift.

» The Uses of "Indecency" Summer 2004
by Svetlana Mintcheva
The contradictory boundaries of acceptability in our cultural-corporate context highlight the interdependence between censorship and titillation. Bare breasts have officially joined the seven dirty words-the more they are banned and bleeped, the more they titillate.

» AZ State University "Balances" Exhibition by Eliminating Art Critical of the Current Administration Phoenix, AZ
August 23, 2004
A curatorial decision to remove artwork that could be interpreted as being critical of the status quo or the current presidential administration raises censorship questions.
Related:
» Letter to NCAC from ASU Art Museum Director Marilyn Zeitlin September 6, 2004

» Letter to Mayor Hickenlooper Protesting Denver International Airport Censorship August 16, 2004
A letter from the NCAC in response to the removal of portions of "The Luggage Project" from display at the Denver Airport due to its political statement. » Free Speech Groups Protest Denver International Airport Censorship A press release from the NCAC on the same incident.

» Letter from NCAC & the First Amendment Project about Censored Political Art in Fairfield November 18, 2003
Letter expressing protest against the removal of Jim Kimberly's sculpture, "The Super Imposer," from an art exhibit for its political statement.

» Letter to Postmaster John Viola to Restore the Artist of the Month Program to the Hyde Park Post Office A letter from the NCAC in response to the removal of a painting, entitled "Fatgirl," from display at a local post office and the termination of the post office's Artist of the Month Program in November 2003.

» NCAC Protests Censorship of Student Art at the University of Central Oklahoma April 24, 2003
Concerned that a student's work might alienate potential sponsors, the Chair of the Art Department removed it from a student-curated exhibit without any prior discussion with the artist or exhibition curator. » NCAC Protests the Removal of Student Artwork at the University of Central Oklahoma & Calls for a Free Expression Policy April 22, 2003

» Good Morning, America: A Timely Exhibition at the Zilkha Gallery January 25-March 2, 2003
In stylistically diverse works that range from paintings, sculpture, and illuminated manuscripts to mixed media and photo-text installations, as well as online and video projects, Good Morning, America explores how concerned artists have responded to life and politics in the United States in the wake of 9/11.

» Student Wins Censorship Battle and Award Winter 2002-2003
Lisa Distelburger, sixteen-years-old, sprang into action to restore a fellow student's artwork to display. The work depicted fighting in Northern Ireland, a suicide bombing in Israel, and the bodies of victims of violence in India with a commentary: "If this is the will of God, who needs God?"

» Must Curators Self-Censor? Winter 2002-2003
Art controversies usually focus on the artist or the artwork. The pressures put on curators are rarely visible, yet curators are vulnerable to censorship: they, unlike artists, are employees who can be fired, often without explanation.

» Free Speech Groups, Artists Protest Removal Of Exhibit By City Of Los Angeles And Watts Tower Arts Center October 11, 2001
The NCAC, the ACLU of Southern California, The First Amendment Project of Oakland, CA and a large number of local and national artists announced that they are protesting the removal of Alex Donis' exhibit, "WAR," which is comprised of a series of paintings featuring fictionalized pairings of LAPD officers and gang members in same-sex dancing poses.

» Art After September 11, 2001 Art-both art in the galleries and popular expression in public spaces-has taken upon itself the task to express our grief and give us a sense of community in this time of crisis while at the same time the White House press secretary warns that "people should watch what they say" and expresses the "need for unity."

» Bryn Athyn, Pa: Where Artists Censor Art September 27, 2001
Orchard Artworks, a Bryn Athyn, PA art gallery, removed six works in artist Linda Griffith's exhibit, "Uncertain Future: Earth Found, Used and Abused." The exhibit dealt with environmental issues, which were considered "too political" for the gallery.

» Los Angeles International Airport Controversy Over Public Art The Cultural Affairs Commission reaffirmed their support for Susan Narduli's work at LAX in August 2001, which consists of series of nude men moving towards flight sandblasted into the granite floor of the terminal (the genitals are obscured by subtle shading).

» Giuliani, Decency, the Arts and the First Amendment An essay overviewing the "decency standard" and arguing for the values of art that critiques, offends, questions, or otherwise provokes a response.

» Decency Revisited: New York's Mayor Is At It Again Spring 2001
The continuation of Giuliani's campaign for decency in New York. Spurred by the Sensation exhibit and now Renee Cox's Yo Mama's Last Supper, both at the Brooklyn Museum, Giuliani instituted a "decency" commission to police such matters.

» Full of Grace and Truth Summer 2001
by Svetlana Mintcheva
From the Senate Office Buildings to exhibition spaces on both coasts, nudes are becoming taboo. The same reasons are given: children might see, adults might feel "sexually harassed," and, in short, representations of naked human bodies are obscene and pornographic.

» Joint Statement of Free Expression and Arts Organizations Opposing Mayor Giuliani's "Decency" Subcommittee April 4, 2001
Spurred by two controversial exhibitions at the Brooklyn Museum, Mayor Giuliani appointed a cultural affairs "decency" committee whose purpose appears to be to restrict artwork on display throughout the city. This joint statement recognizes the dangers of such a committee.

» National Coalition Against Censorship Slams Tennessee Arts Commission's "No Nudes" Policy March 21, 2001 The NCAC has asked the Tennessee Arts Commission, which is funded by both the State of Tennessee and the NEA, to reconsider its apparent policy of banning all artwork containing nude figures from the TAC Gallery located in Nashville. » NCAC Letter To The Tennessee Arts Commission Concerning Their "No Nudes" Policy March 21, 2001

» Helmsmanship In The Arts by Marjorie Heins
The Nation
August 7-14, 2000
Marjorie Heins's take on Jane Alexander's memoir, which includes her recollections of the time in which she spent as head of the National Endowment for the Arts, a government agency that provides funding for artists.

» Free Expression and Arts Groups Applaud Brooklyn Museum of Art September 30, 1999
The Brooklyn Museum challenged then-Mayor Guiliani's opposition to the Sensation exhibit that ignited controversy with Chris Ofili's black Holy Virgin Mary.

» Culture Wars Come to New York (Along With Mosquitos) Fall 1999
Another article describing the Giuliani/Brooklyn Museum controversy over the Sensation exhibit, especially Chris Ofili's The Holy Virgin Mary, a multi-media (including elephant dung) painting that depicts Mary as black.

» Instead of an "Appeal to Hollywood," How bout an Appeal to Reason? Fall 1999
by Joan E. Bertin
NCAC and other First Amendment organizations have developed a counter-statement to the Appeal to Hollywood and other assaults on art and entertainment dubbed the "Appeal to Reason."

» House Approves $98 Million For The NEA Fall 1998
After years of controversy, the House has overwhelmingly voted $98 million for the National Endowment of the Arts. Public support, and new rules for distributing arts money more widely among the states, contributed to the election-year shift among legislators.

» Supreme Court Upholds "Decency" Standard for the NEA Summer 1998
The Supreme Court upheld the "decency" standard for federal grants to the arts, which requires the NEA to take into account "general standards of decency and respect for the diverse beliefs and values of the American public" when making grants.

» Congressional Attack on the NEA Spills Over Fall 1997
Had the House proposal to substitute block grants for federal funds been approved it would likely cause removal of funding for arts programs across the country as already happened in places like San Antonio, TX and Mecklenburg, NC.

» NCAC Warns Scholars: Artistic Expression Demands Protection Winter 1996
NCAC Executive Director Leanne Katz expressed concern that some legal academics may be contributing to the worsening climate for the arts in this country.

» Library Displays Art It Had Banned Winter 1996
Artist Robyn Bellospirito's work, including three contested paintings, was displayed at the Manhasset, New York library in 1996. The exhibit had been cancelled in 1993 for violating the library's "no nudes" policy.

» Academic Freedom, Freedom of Expression, Artistic Freedom: Artist's Statement Artist Jessica Lawless's artist's statement. Lawless is interested in examining the effects of policing and surveillance in relation to the construction of identity within marginalized public spheres.

» Homophobic Attacks on Artistic Expression Attacks on artistic expression are proliferating at a frightening rate, and any connection with lesbian or gay matters brings campaigns for suppression. This censorship is affecting the visual and performing arts, museums and movies, television and art exhibits and it is occurring in small towns and big cities everywhere in the country.

» Resisting Homophobic Attacks on Education and the Arts The NCAC reaffirms its efforts to prevent suppression of free expression in the arts in relation to censorship incidents surrounding sexual orientation.

» Sanitation Hans Haacke's provocative artwork, Sanitation, links the current culture wars to the banning of "degenerate" art in Munich in 1937 and has not evoked a peep from Mayor Giuliani, who is well-known for his decency battles against the Brooklyn Museum's exhibits.