Table of Contents

National Campaign for Freedom of Expression

Foreword

Director's Comment

Introduction

Chapter 1: Understanding...

Chapter 2: Preparing for...

Chapter 3: Responding to...

Conclusion

Appendix I: What To Do If it Happens to You

Appendix II: Organizations

Appendix III: Sample Documents

Bibliography

List of Plates

Acknowledgments

 

SAMPLE DOCUMENTS

PART I: Sample Statements of Artistic Freedom Principles
PART II: Fact Sheet
PART III: Coordinated Action Alert, Sign-On Letter and Media Release
PART IV: Press Release Stating Position on Issue
PART V: Protest Letters from Advocacy Organization
PART VI: Letter to the Editor
PART VII: Protest Letter and Press Releases by Organization
PART VIII: Action Alert

PART I: Sample Statements of Artistic Freedom Principles

Iowa Arts Council Statement on Freedom of Expression

The mission of the Iowa Arts Council is to promote the value, practice and appreciation of the arts and to develop a climate in which they flourish. Support of free speech is the centerpiece of this mission. The council is an advocate for and defender of the right of free speech by all citizens under the First Amendment of the Constitution of the United States.

The Iowa Arts Council recognizes the need for public support of the arts and understands the responsibilities that accompany the allocation of public funds. The council seeks the advice of qualified Iowans through the use of review panels for funding recommendations. The council is committed to uphold and maintain the highest artistic standards and to encourage excellence in the arts.

The council respects the integrity of an artist’s personal vision and right to freedom of expression. The council rejects all attempts to control or censor the arts. Recognizing the diversity of viewpoints represented by Iowa communities, the council supports freedom of choice and access to the arts by all citizens.



Seattle Women’s Caucus for Art Policy Concerning Censorship of Exhibitions

In keeping with the policies recommended by the National WCA exhibition committee, the Seattle chapter of the Women’s Caucus for Art has established the following guidelines concerning censorship of members’ artwork in any exhibitions sponsored or promoted by this chapter.

National WCA policy:

“All exhibitions associated with WCA should actively oppose censorship in any form. No exhibition associated with WCA should by action, statement or omission censor or appear to censor art created by women for consideration and inclusion in the exhibit.”
SWCA guidelines:

1. We will not remove artwork from WCA exhibitions based upon complaints from the public or staff of the exhibition space because of content. The removal of said artwork constitutes censorship.

2. We will not include non–WCA members on the exhibition committee for the purpose of curating exhibitions unless they are invited guest curators with a knowledge of art and art history.

3. Members of the WCA may present to the public and space staff a presentation of artwork with explanation and dialogue. Such dialogue assumes that much of people’s overreaction to the artwork comes from fear and lack of familiarity with the content of women’s art. The intent of this process is to empower, to enable viewers to think critically and positively about the relationship of art to their own lives.

Philosophy of the SWCA concerning exhibiting members’ art:

Women artists’ representations of themselves challenging the absolute authority of the tradition, often creating subversions which can support women’s efforts at liberation. If the point of feminism is to find the politics of our personal lives, we need to create and develop spaces for feminist artists to visualize our lives. Censorship does not support the purpose of the WCA.



New School for Social Research Statement on Freedom of Artistic Expression

The University’s policy on the free exchange of ideas states that, “an abiding commitment to preserving and enhancing freedom of speech, thought, inquiry and artistic expression is deeply rooted in the history of the New School for Social Research.” The University’s responsibility for and dedication to securing the conditions in which freedom of artistic expression can flourish extend to all forms of artistic expression, including fine arts, design, literature, and the performance of drama, music, and dance.

The opportunity to display or perform works of art at the University is made available through several academic processes and procedures in which faculty members and other duly appointed individuals exercise their best professional judgment. Among these procedures are selection of student artwork by faculty, selection of works by the Committee on the University Art Collection, display or performance as part of an approved curriculum. Such authorized display or performance, regardless of how unpopular the work might be, must be unhindered and free from coercion. Members of the University community and guests must reflect in their actions a respect for the right to communicate ideas artistically and must refrain from any act that would cause that right to be abridged. At the same time, the University recognizes that the right of artists to exhibit or perform does not preclude the right of others to take exception to particular works of art. However, this later right must be exercised in ways that do not prevent a work of art from being seen and must not involve any form of intimidation, defacement, or physical violence. The University rejects the claim of any outside individual or agency to dictate on the appropriateness or acceptability of the display or performance of any work of art in its facilities or a part of its educational programs.


PART II: Fact Sheet

In 1996, the Federal Way (WA) School District , near Seattle, banned the GAP Theatre Company following a presentation of “The View From Here” at the Federal Way High School. The production dealt with issues relating to gender equity, sexual harassment, and sexual orientation discrimination. The ban came after the Christian Coalition of Washington and a local tlak radio host claimed the production was hostile to families and “traditional values.” The superintendent justified the ban by asserting that the school district “should not be in the business of promoting alterrnativve lifestyles.”

Chronology of Events for the Federal Way Controversy

March 4, 1996 Preview show with discussion with Federal Way Health Advisory Committee
April 29, 1996 Community Performance at Truman High School for Federal Way Community members
April 30, 1996 G.A.P. confirms by telephone with Janine Green at Federal Way High School two shows at Federal High School. Carrie Gibson (CG) specifically talks about discussion period that will follow show.
May 10, 1996 G.A.P. performs the play The View From Here at Mercer Island High School. A student talks about her religious beliefs during discussion and Rick Turner, actor, responds respectfully about the effect of people's judgments on his willingness to share his life with those people.
May 16, 1996 Mercer Island High School Student is on KVI for two hours saying she was verbally attacked by a G.A.P. actor during discussion and was offended by a scene she described that did not occur in the play. KVI publicizes Federal Way shows on the air for several days following this broadcast.
May 28, 1996 am G.A.P. performs The View From Here for two groups of sophomores and teachers in the health classes. The 2nd performance is attended by 8-10 people who told us they had heard of the show on KVI and did not have children in the district. At least one of them did not live in the district. Dave Welch, head of the Christian Coalition, also attended the show.
May 28, 1996 School Board meeting in the evening. Two school board members, Joel Marks and Ann Murphy, spoke out against G.A.P. presentation.
May 29, 1996 G.A.P. performs The View From Here at Truman High School in Federal Way.
May 29, 1996 CG received a call from Federal Way News reporter Sue Kidd. She wanted my reaction to School Board objections. She informed me of brewing controversy.
May 30, 1996 Several newspaper reporters called G.A.P. looking for our reaction to school district's decision to ban G.A.P.
May 31, 1996 CG calls Federal Way contact person to verify rumors about Federal Way's decision to ban us alleging that G.A.P. did not inform district about the discussion that follows show. Val Fimister confirms the district decision and agrees to fax memo from Asst Sup Tom Murphy to all principals.
June 3, 1996 CG receives fax copy of memo informing principals not to have G.A.P. back to school district.
June 3, 1996 CG calls Karen Stevens, district spokesperson, to get information and to propose another showing to the district management team for them to see the process in action. Call is not returned.
June 4, 1996 Tom Murphy, Asst Sup, returns CG's call and says that he will ask management team if there is any interest to see G.A.P. show. CG informs Tom Murphy about the content and process of the show as it has always been done.
June 10, 1996 School Board Meeting in Federal Way. Several citizens express concern over district's decision to "ban" G.A.P. Carolyn Hayek, AAUW member, offers her church as a place to see show and discussion.
June 11, 1996 Tom Murphy's assistant Nancy leaves voice mail saying, "district will not encourage or support" a performance of The View From Here in Federal Way.
June 12, 1996 CG confirms date for community performance with Carolyn Hayek at the Unitarian Universalist Church in Federal Way.
June 12, 1996 CG calls Tom Murphy to inform him of the scheduled date. Letter is sent by G.A.P. to Superintendent Tom Vander Ark explaining G.A.P.'s work, clarifying the misinformation and inviting him and other members of Federal Way to show.
June 25, 1996 G.A.P. performs The View From Here at Unitarian Universalist Church in Federal Way. 150 people attend. Discussion focuses on issues in play. At the end of the discussion G.A.P. actors answered questions about what occurred at high school performances. No one from the district attended the show.

Miami Arts Project

January 29, 1998

(Name and address omitted)

Dear (name omitted),

As per our conversation on Monday, below please find a recapitulation of the events surrounding the Nicole Eisenman controversy.

As you know, the Miami Arts Project was a two-city collaborative arts initiative. The participating institutions in Miami were: ArtCenter-South Florida, Dade County Aviation, Department of Fine Arts and Cultural Affairs, the Dade County Public School System and the Wolfsonian-FIU. In New York; The Drawing Center, Thread Waxing Space and StoreFront for Art and Architecture.

The projects were sited mainly in media spaces; we had 17 imaged on seventy-one billboards scattered throughout Dade County, Florida: nine public service announcements running on channel 34, Miami Dade County Television done by New York artist Jocelyn Taylor, and an eight minute video done by Miami artist Dara Friedman. The videos (including the public service announcements) are running at the Miami National Airport, Concourse D, near gate 2 (American Airlines Terminal). The only project that did not take place in a "media" space was the collaborative project by The Drawing Center and The Wolfsonian-FIU in which Nicole Eisenman painted a large wall mural in The Wolfsonian's fifth floor gallery.

The idea of the collaboration was that The Wolfsonian would curate their own exhibition entitled "Public Works" which was an exhibition of New Deal Mural Studies from their extensive collection and their exhibition (which was completely funded by their own monies) be paired with a large scale wall mural executed by Nicole Eisenman. Nicole was invited by the Drawing Center as a part of the Miami Arts Project. Her aspect of the exhibition at the Wolfsonian was covered by monies raised by the Miami Arts Project (including artist fee, material costs, jiffy lift, travel, etc. with the exception of lodging. Nicole stayed at the Wolfsonian's guest house.

The Miami Arts Project was initiated in April of 1995 and the projects "opened" on January 10th, 1998. Nicole went down to Miami to begin the execution of her mural the first two weeks of December, 1997. Prior to Nicole's visit to Miami, The Drawing Center had forwarded materials for review to the Wolfsonian: a description of what the mural would contain based on the information they had to date based on Nicole's ideas; a sketch, slides of Nicole's work including the mural she had done at The Drawing Center; articles and reviews on Nicole including a very extensive New York Times article that appeared in 1997. The Wolfsonian never asked to see a complete sketch or drawing. The only stipulation The Miami Arts Project put on the artist was that the mural somehow relate to Miami as its theme since all the projects (billboards and videos) were to have Miami as both the subject and the content of the works.

(Name omitted), the Curator at the Wolfsonian was the staff person who was supervising and coordinating Nicole's project with The Drawing Center. She had been fully appraised of Nicole's work, having seen photographs and slides of murals in New York executed by the artist. Nicole went down to Miami the first two weeks in December to execute her mural. She had been working on the mural while the curatorial staff (names omitted) looked on curious as to its progression. Ann Philbin, Director of the Drawing Center had had several conversations with (name omitted) as to Nicole's work and with specific reference to the acknowledgment that this mural could push the sensibility of The Wolfsonian and asked if The Wolfsonian could handle it. <Name omitted) stated that she was indeed familiar with the "racy" character and edge of Nicole's work and stated that she was nervous. Ann Philbin asked whether anyone else needed to know or understand about Nicole's work at the Wolfsonian and (name omitted) said something to the effect of "we will see what happens." This is significant to point out because The Wolfsonian's position has been that there was a breakdown in communication suggesting that it was initiated by The Drawing Center who had not fully communicated to them the content of Nicole's prior work while, in fact, the breakdown was within the internal ranks of The Wolfsonian.

After two weeks, Nicole completed her mural. The mural was painted on a gallery wall 30 feet high by 16 feet wide. The mural depicted an underwater scene in which huge muscle-bound men equipped with scuba and filmmaking gear, with cameras, lights, and microphones are focusing in on a diminutive group; a daisy chain of cavorting lesbian sea monkeys engaged in anal and oral sex. Beforehand, Nicole had told (names omitted), (Founder and Chairman of the board who had dined with Nicole one evening) that the center focus would be an orgy. Upon completion and after viewing the final product (names omitted) and staff became extremely upset with respect to the center of the mural which in actuality, spatially reflected the smallest portion of the mural. This situation appears to have gone on for some time (roughly one hour) in which Nicole was subjected to verbal abuse by The Wolfsonian's Director and Chief Curator who kept repeating that their institution's state funding (because they had that summer merged with Florida International University, a large state school) was at serious risk and alluded that their jobs were at risk as well. In addition, they repeatedly stated that the content was "inappropriate" for school age children as they had already developed an educational program for Kindergarten through 12th grade revolving around both Nicole's mural and their respective exhibition. (A Junior High School class had already visited The Wolfsonian to watch Nicole in action while the mural was in progress. The students were told by the artist that the center would involve sex in some way in front of The Wolfsonian's Educational Coordinators). The situation between The Wolfsonian staff and the artist became heated. In light of what was occurring and in that specific context, Nicole agreed to change the mural. She repainted the center (the objectionable part) in a witty response to what she was being asked to hide, with blue censor dots over what she thought were the objectionable parts of her mural by The Wolfsonian after a close review by (name omitted). After completion, (name omitted) had left for California on a business trip, (name omitted) saw the mural and began saying that this was not acceptable since it would appear that The Wolfsonian was a censoring institution. She then went on to suggest, limb for limb, what Nicole should alter once again. Nicole did alter it and remove some of the sexual content of the mural, again, in a context that was not pleasant for her. Neither Ann Philbin from The Drawing Center or myself as Project Director of the Miami Arts Project were informed as to the situation until after it had occurred and we were not reachable over that Saturday and Sunday.

Before this incident and in the process of painting the mural, (name omitted) had supplied the artist with a porn magazine of overweight women to use as a reference for the center part. In addition, (name omitted) had incited the artist on with respect to the "spicy" part of the mural having heard of the artist's reputation.

When Nicole arrived in New York shaken and disturbed, she had the opportunity to gather her thoughts with respect to this incident and the way she was treated (The Wolfsonian personally apologized for their comportment recognizing that it was, indeed, unacceptable behavior). I called (name omitted) to discuss the incident as did Ann Philbin. In separate conversations with both myself and Ann Philbin, (name omitted) admitted that they had acted inappropriately in respect to Nicole and that they had apologized. She went on to say that Nicole had made the changes "voluntarily" and that Nicole had the opportunity to walk away without making any changes. Nicole was actually being nice to The Wolfsonian, taking their fears to heart and feeling badly given the way they had framed the situation of losing state funding and allusions to job losses as well. There was no recognition of the context in which these changes were made and The Wolfsonian's role in these changes.

As a result of gathering her thoughts and reviewing the circumstances surrounding the changes, Nicole wrote a letter to (name omitted) (which you have a copy of) in which she stated her position, how the emotional situation and sense of coercion had affected her actions. All she asked in this letter was that The Wolfsonian acknowledge their role in the alteration of the mural by asking that a wall text, in the form of an Artist Note, be put up next to the mural stating:

"At the request of The Wolfsonian Institute, I have removed some of the sexual content of the mural entitled "Underwater Film Shoot". Nicole Eisenman."

This seemed to me to be a very reasonable request. She was acknowledging that she altered the mural at the request of this institution. The letter was dated December 22, 1997 and faxed and hard copied with carbon copies to myself, Ann Philbin, and Adine Varah, Esquire. On December 24, 1997 The Wolfsonian responded in the form of a letter from (name omitted) to Nicole (which you also have a copy) in which she maintains her position that Nicole offered to change the mural. In addition, she stated that the only object label that she would allow accompanying the mural was, "After dialogue with The Wolfsonian, the artist agreed to alter the original concept for the mural." As you might imagine, this was unacceptable to Nicole since The Wolfsonian was not acknowledging their active role in the changes. Carbon copied on this letter were Paul Gallagher, Vice President, FIU, myself, Ann Philbin, Adine Varah, Esq. and Mitchell Wolfson Jr. I received the letter on the 29th of December and called Nicole who was upset as to their suggested wall text proposal. I called (name omitted) on the 29th regarding this who informed me that I needed to take up the issue with (name omitted) directly which I did. We spoke for approximately one hour and a half in the afternoon, early evening. I listened to (name omitted) and what she had to say about the incident all over again. I tried to focus her in on the issue at hand which was not what had transpired but rather, the wall text and how it would read. After an hour and a half discussion it finally became clear to (name omitted) that I was not asking The Wolfsonian to write this wall text but rather, to have it printed as a quote from the artist which read:

"At the request of The Wolfsonian Institute, I have removed some of the sexual content of the mural entitled "Underwater Film Shoot". Nicole Eisenman."

What she was previously arguing was that since, in her view, they had never "requested" the changes, saying that Nicole did them voluntarily, she (The Wolfsonian) would not put up that wall text. Finally she understood that my request was an artist quote and not coming from her and she said that that sounded fine but she needed to check with her two curators (names omitted) regarding this. I asked that she call me on Friday January 2, 1998. Friday came and went without any call. I called her that Monday,January 5th, the day I was leaving to Miami for the project. That Monday she agreed to put up the wall text saying after all, it was indeed, no big deal. On Tuesday morning from my sister's house in Miami, I confirmed this agreement by fax to her recognizing how this wall text had become a barrier for the artist, The Drawing Center and The Wolfsonian and not wishing any more conflict. (You have a copy of my fax). In it, I simply confirmed our oral agreement that The Wolfsonian would put up a wall label in the form of a quote from Nicole (the quote in the above paragraph).

Saturday came (January 10th), the day of the private opening for both Nicole's mural at The Wolfsonian and their respective exhibition. I went upstairs to the gallery where Nicole's mural was to check the wall text to make sure it was up and correct and it was not there. I pulled (name omitted) aside to ask her why it was not up and she simply said, "no, no" and I looked art her and walked away in disbelief. I informed both Ann Philbin and Nicole (who had not yet entered The Wolfsonian and was waiting for me outside) that the wall text was not up. She became angry as did Ann Philbin, both in disbelief. I pulled (name omitted) aside to discuss the issue and we could not come to any agreement. (Name omitted) stated that she had never agreed with me to the wall text and that she merely said that she would try to accommodate it. When pressed as to why she had not contacted me that week in Miami with reference to her decision not to put it up, she stated that she did not know how to reach me in Miami (nor apparently did she make any effort to reach either Ann Philbin at the Drawing Center or the artist herself). Meanwhile, I had received numerous telephone calls from The Wolfsonian staff all that week at my sister's house to discuss the arrangements for our first panel discussion for the Miami Arts Project which was to take place at The Wolfsonian that day at 2:00 pm.

The panel discussion, which was to discuss collaborative strategies for non-profit institutions moderated by Kevin Consey, Director of the Museum of Contemporary Art in Chicago became heated once the issue with reference to Nicole came out. The audience was actively engaged in the debate as were the panelists (which included (name omitted) and Ann Philbin). At the very end (name omitted) stood up to speak and mentioned that a wall text would indeed go up and that the wording would be worked out between The Wolfsonian and The Drawing Center.

The following week, Ann Philbin received a fax from (name omitted) showing an altered wall text by The Wolfsonian. The last two sentences read, "The mural presented here is a modified version of the artist's original concept. Some of its sexual content has been removed." Anne Philbin faxed back a letter on January 15, 1998 saying that, as they may have guessed, this was not acceptable to the artist but if they changed the last sentence to read, "Some of its sexual content has been removed at the request of The Wolfsonian", she (and the artist) would consider the issue resolved. However, she went on to state that if The Wolfsonian did not agree to this, Nicole would like to request that her mural be painted over in its entirety as soon as possible. In this event, The Drawing Center requested that full documentation be made in advance of the work. At this point I was appraised of the situation (I was out of town until Thursday evening January 15th). I decided to ask our attorney, Steven Johnson, who is a board member of the Miami Arts Project, to get involved in an effort to come to an acceptable resolution for all. We had been appraised that the situation was now out of The Wolfsonian's hands and in the hands of FIU and their attorney. (The Wolfsonian had an emergency board meeting over this issue and I understand that the board came out in favor of (name omitted's) actions and her handling of the situation. It is clear, however, that the trustees were not accurately informed as to the details and agreements. Both sides were not factually represented.) Steve spoke with their attorney. The attorney apprised Steve that FIU was having an emergency board meeting with reference to this issue January 22nd. Steve was apprised on the 23rd that FIU backed the decision not to put up the wall that (name omitted) had agreed to with me and that they keep the one which they now had in place. He did mention that they were open to suggestions as to the wording. When I was apprised of this, my feeling was that it was a waste of attorney time to "compromise" on language since there was a fundamental difference of views here and they would never recognize their role in these changes.

Nicole would like to request once again, that her mural be painted over and is in the process of drafting a letter to (name omitted) to that effect.

The press did not pick up on this. The first major article (which you have a copy of) came out in the Miami Herald on Wednesday, January 7th and another article, discussing the controversy, came out on Sunday January 18th. I understand that several art magazines will be writing on this as well. I am faxing you the last article that came out in the Herald on January 18th (Ann Philbin was horrified when she read her quote in that article. It was taken out of context with reference to whether, in her opinion, The Wolfsonian had the right to ask for alterations to the mural. The reporter asked her a specific legal question which she then reframed into a different context.)

The issues which are extremely disturbing to me are as follows:

  1. Censorship and its critical political, cultural and social implications.
  2. Enormous breaches in professionalism.
    • That (name omitted) never communicated to her superiors information that was provided to her both visually and orally.
    • That she claims she never knew what the content of Nicole's mural was to be and that by making these claims she necessarily, implicitly portrayed The drawing Center in an unprofessional light.
    • The fact that she has never publicly acknowledged that she knew and was involved with the development of the mural.
    • The way in which Nicole was treated with tremendous disrespect.
    • The way in which Ann Philbin were treated with disrespect and allusions of not having been professional, not having provided "disclosure" (as if there was anything to hide).
    • That (name omitted claimed that she never agreed to put up the wall text,
    • The fact that what was presented, in my opinion, to the board of trustees at The Wolfsonian and subsequently to the Board at Florida International University did not represent an accurate portrayal of the events and issues. The fact that FIU looked, in my opinion, only to the legal issues of liability and exposure and not to the ethical and moral issues associated with censorship and the looming issue of a complete breakdown in professionalism by their affiliated institution.
    • And on a personal basis, I find it extremely disturbing that institutions in Miami seem to function under a veil of censorship (I could cite you numerous examples just from my work as Project Director for the Miami Arts Project). The fact that censorship did not become a compelling issue for an educational institution such as FIU (which is state funded) to investigate is beyond my comprehension and speaks very poorly of our nation's educational system.

I believe I have provided you a clear and accurate picture as to the events and issues. Please call me either at StoreFront (number omitted) or in the afternoons at home (number omitted) if you have any questions or need clarification and thank you once again (name omitted).

Kindly,
Cristina Delgado, Project Director



PART III: Coordinated Action Alert, Sign-On Letter and Media Release

Urgent Action Alert

SIGNATURES REQUESTED FOR LETTER STATING OPPOSITION TO CENSORSHIP OF MURAL IMAGES IN LOS ANGELES

As many of you are aware, the Social Art and Public Art Resource Center (SPARC), a nonprofit arts organization that coordinates public mural projects by urban youth, is embroiled in another censorship battle over one of its mural projects. This time the works raising the ire of local authorities are spray can art images that are part of an authorized and extensively planned mural in an area known as the Venice Graffiti Pit. The images at issue are a caricature of a pig in a blue uniform beating a spray can artist and a semi-nude female. The two murals were covered, first with tarps and then later with boards, after representatives from the LAPD and the community protested the images. SPARC artistic director Professor Judith F. Baca has been personally attacked, receiving death threats and an on-air condemnation by Rush Limbaugh.

A full summary of the incident is posted on www.freeexpression.org. The story was also covered in today’s New York Times. Briefly, the murals were created after the Los Angeles Recreation and Parks Commission granted SPARC permission to paint the area. All of the images, including the two at the center of the current controversy, were preapproved by the Commission, and a Commission member was present as the images were being painted. The preapproval was only one stage in a complex planning process during which artists were recruited and the community surveyed about the mural.

In response to the complaints, the Commission, without informing SPARC, convened a hearing to discuss the controversy. SPARC attended the hearing anyway and called for mediation between the artists, police, interested community members and the Commission. SPARC indicated that the artists may be willing to modify their images. Nonetheless, the Commission decided to remove the images following the expiration of the 90-day notice period to which the artists are entitled under the federal Visual Artists Rights Act. That 90-day clock began ticking approximately September 2, 1997.

This is the third incident in the past year and a half in which the Commission and the Police Department have attempted to remove images from SPARC-coordinated murals.

We are urging the Commission to accept SPARC’s offer of mediation. This is a very timely issue and we want to get the letter out as soon as possible. Please let me know ASAP if your organization would like to sign on or if you have any suggested modifications to the letter. If you can participate, please fax me a signature and let me know how you want to be identified. Also let me know if you’d like to sign on but need time to get approval. And lastly, CIRCULATE THIS SIGN-ON REQUEST TO ANY PERSON OR ORGANIZATION YOU THINK WOULD ENDORSE IT. Organizations dealing with Latino, youth and/or arts issues are especially relevant.


Recreation and Parks Commission

September 22, 1997

City Hall East
200 Main Street Room 1325
Los Angeles, CA 90012

Dear Commissioners:

The undersigned organizations, each dedicated to defending the fundamental right of freedom of expression, note our strong objection to your censorship of some of the images in the Venice Graffiti Pit and your refusal to talk to the artists about their images.

Regardless of whether the artists waived the rights granted to them by California Civil Code section 987, as you contend, the artists did not waive their First Amendment rights to free artistic expression. The First Amendment prohibits the government from placing viewpoint-based restrictions on expression. The Commission's censorship of these artistic images because it finds their viewpoint offensive violates the clear spirit of our nation's free speech heritage.

We understand that members of the community may have legitimate concerns about some of the images contained in the mural. However, we cannot understand why you continue to refuse to engage in a dialogue with the artists to discuss those concerns and explore a mutually acceptable resolution.

Your actions threaten to undo the monumental achievements of the Social Art & Public art Resource Center (SPARC). SPARC was able to bring together a diverse group of the city's youth, many of them fierce rivals, to work on a common project. The mural provided these youth an outlet to express themselves - their feelings, beliefs, perceptions, frustrations, aspirations - in a constructive way. The project gave these young people the voice and a forum they are so frequently denied. SPARC and the artists were careful to comply with all the rules the Commission set out and obtained pre-approval for all of the images.

The artists are willing to discuss adapting their images to address your concerns. We urge you to accept SPARC's offer of mediation and to engage in a dialogue with the artists that is as respectful of their rights to free expression as it is of your civic concerns. By doing so you will demonstrate to the young artists that the free speech principles so central to our democracy apply equally to them.


Press Release

FOR IMMEDIATE RELEASE: September 25, 1997
CONTACT: David Greene, National Campaign for Freedom of Expression
202-393-2787

National Organizations Oppose Censorship of Mural Art by Los Angeles Recreation and Parks Commission

On September 25, 1997, twelve national organizations dedicated to defending the right of freedom of expression registered their strong objection to the Los Angeles Recreation and Parks Commission’s disregard of the First Amendment rights of the spray can artists who created, with the Commission’s approval, the mural in the graffiti pit adjacent to the Venice Pavilion. The groups urged the Commission to engage in a dialogue with the artists as has been suggested by the Social Art and Public Art Resource Center (SPARC), the organization which coordinated the mural project.

In a letter to the Commission, the groups challenged the Commission’s assertion that the artists had waived their rights to prevent the Commission’s removal of the images. The groups stated that regardless of whether the Commission acted legally in this instance, the Commission’s blatant viewpoint-based restrictions are contrary to the principles of freedom of artistic expression as embodied in the First Amendment. The First Amendment prohibits viewpoint-based restrictions on artistic expression.

The groups, noting that the artists are willing to modify their images, urged the Commission to discuss the issue with the artists and SPARC: “We urge you to accept SPARC’s offer of mediation and to engage in a dialogue with the artists that is as respectful of their rights to free expression as it is of your civic concerns. By doing so you will demonstrate to the young artists that the free speech principles so central to our democracy apply equally to them.”


PART IV: Press Release Stating Position on Issue

For Immediate Release: February 9, 1998
Contact: David Greene, 202-393-2787

National Campaign for Freedom of Expression Says Funding Stipulations Would Unfairly Hinder Schools’ Access to Arts, Other Materials

The National Campaign for Freedom of Expression objects to Senator John McCain’s proposed legislation that would require schools that receive federal Internet subsidies to adopt policies restricting access to materials otherwise available on the Internet. Such legislation directly opposes the spirit of open and universal access that underlies the subsidy program.

“It is easy for Senator McCain to decry access to ‘indecency’ and ‘porn’ on the Internet. But what we have seen without exception is that the quest to block out ‘porn’ overreaches into materials that have significant educational and artistic value,” said NCFE program director David Greene. “The arts has been hit especially hard in this area. Access to works by Picasso, Shakespeare, Mozart, Henry James, and other artists is commonly blocked by restrictive policies and filtering software.” In its December 1997 report, “Faulty Filters,” the Electronic Privacy Information Center, indicated that a filtered search for “Museum of Modern Art” retrieved only 0.2 % of the hits obtained by a non-filtered search. Numbers for searches of other museums and artists yielded similar results. Rather than “protecting” youth from “porn,” McCain’s proposal, if instituted by school boards, will deny our nation’s youth the freedom to explore various diverse educational opportunities, and deny teachers the opportunity to assign research in a number of traditional areas.

Perhaps the most disturbing result of Sen. McCain’s legislation is that schools receiving the Internet subsidy will be at a disadvantage to wealthier schools that are not required to adopt restriction policies. “Other school systems are permitted, within the bounds of the First Amendment, to decide individually whether or not to place limits on Internet use,” said Greene. “But apparently the subsidized schools are not trusted to make these decisions for themselves. This is precisely the type of access inequality that the federal subsidy was designed to cure, not foster.”

NCFE continues to suggest that policies restricting Internet access in schools be made by school administrators, teachers, parents and students based on academic criteria, rather than on the moralistic policing of local schools by Washington.


PART V: Protest Letters from Advocacy Organization

Sacred Naked Nature Girls

April 3, 1994

To: The President's Council of the Naropa Institute
From: Students Against Censorship

RE: Sacred Naked Nature Girls

As students and artists of the Naropa community we are insulted by the cancellation of the performance of April 17 of the Sacred Naked Nature Girls. The actions of the President's Council represent a significant precedent for our small and growing community. In a nation where political attacks on the arts are routine, the President's Council decision aligns our institution with the conservative agenda to keep art from being political. We as an alternative institution have a duty to provide a forum for alternative viewpoints, and not be limited by latent forms of harassment and discrimination. (See Student Handbook, p.9.) To talk about experimental performance behind closed doors and then censor it with no option for appeal represents a breach of trust between those who manage Naropa and those who support it (both artistically and economically).

We do not consider the reasons given for the decision as substantial enough to allow for such an immediate action. If the credentials of the performers were in question, why wasn't a request made to the Writing & Poetics department for more information, or for justification of their sponsorship? If the politics of nudity is in question, we must ask why we support and advertise Allen Ginsburg, a true icon for freedom of body, mind, and soul. If nudity is not an issue then why was the potential trauma of rape and abuse survivors brought in as justification? If the use of the term "Girls" in the group's name is not considered appropriate nor feminist then we must question anyone who chooses to turn a derogatory term into one of empowerment, from gays & lesbians, to people of color, to women.

The crucial point here is choice. They choose to express themselves in the way they do, and we choose to support them. Anyone who doesn't want to see the performance for whatever reason is free not to attend. Each choice is equally valid. Additionally, the President's Council has now chosen to act as review committee for any performance at Naropa. The precedence has important consequences if it is allowed to go unchecked.

We call on the President's Council to invite the Sacred Naked Nature Girls back for a fully-funded and well-advertised performance. More importantly, we invite the council to engage in an open dialogue with the student body and public about censorship and the arts. We urge the council to not continue making uninformed and rash decisions without consulting the sponsors of the events or the artists themselves. It is our hope that future generations and classes will not risk their cultural, ethnic, sexual, and artistic identities to administrators who are ultimately accountable to students and members of our community, in Boulder and around the world.

 

Students Against Censorship


WERS - Rap Music

20 November 1995

Re: WERS - Rap Music Issue

Dear President Liebergott,

The National Campaign for Freedom of Expression is an education and advocacy network of artists, arts organizations and members of the public, founded to fight censorship and to protect and extend the First Amendment right to freedom of artistic expression. On behalf of the thousands of members of NCFE in Massachusetts and across the country, I write to express my deep concern regarding the decision by radio station WERS-FM to censor some rap music.

Silencing the voices of rap artists by banning certain songs runs counter to America's valued democratic ideals. Ignoring or banning their broadcast on WERS-FM only serves to marginalize these voices and further divide our nation along racial lines. Rather, we must listen closely to these songs to increase our understanding and to move towards mutual understanding.

The arts contribute greatly to the free exchange of ideas which is at the core of a democratic society. Not unlike community newspapers, the arts encourage debate and provide a public forum offering questions and answers to the many difficult problems facing our country. It is vital that the arts - ranging from rap music to the theater to dance - are granted the same freedoms that our universities and newspapers enjoy as they grapple with the ever-evolving cultural landscape of our great nation.

The arts also serve as a catalyst for change. In challenging us to move beyond our own experiences, artistic expression serves to teach us about our differences and to bring us together as a community. Rap music, like other forms of artistic expression, is a vehicle for artists, our diverse communities and our nation, to replace fear and ignorance with understanding and action.

I urge you, as President of Emerson College, to defend the First Amendment by removing any content restrictions on music at WERS-FM. If the freedom of expression is censored, particularly where critical thought and higher learning are most encouraged and cherished, our constitution and democracy are at great risk.

Thank you for your attention to this matter.

Sincerely,

David Mendoza
Executive Director


PART VI: Letter to the Editor

Annie Sprinkle

The Seattle Times, Tuesday, May 3, 1994

Story on funding for lecture left out important information

The April 16 Times article regarding the de-funding of Annie Sprinkle's lecture at the University of Washington was inaccurate, misleading and omitted several important facts. Many UW students and faculty are outrages that four members of the ASUW Board of Control conspired to draft a false complaint against funding Annie Sprinkle's lecture.

Both the UW Daily and Seattle Gay News found the actions by the four BOC members newsworthy enough to give them front-page coverage. However, the Times article never mentions the four people or the bogus complaint.

In their rush to defund Sprinkle's lecture, the BOC members failed to do their homework regarding state obscenity laws that expressly exempt work that has "serious literary, scientific, or artistic merit..." The National Campaign for Freedom of Expression and the ACLU are exploring the legality of the BOC action.

The fact that this attack on freedom of expression has taken place on the campus of an institution of higher education is all the more disturbing. If our universities can no longer tolerate controversy and diverse opinion in the pursuit of academic inquiry, they will fail to teach students the core principals central to our democracy's survival.

Finally, as someone who has seen Annie Sprinkle's work, I am disturbed that the Times used a 10-minute section of Annie Sprinkle's 2-hour performance to characterize her work. The radical right, lead by Rep. Robert Dornan and his allies in Congress, continues to attack artistic expression they find offensive by taking it out of context in order to malign artists and their message.

The Times' characterization of Annie Sprinkle's work is an injustice to Annie Sprinkle, the arts community and your readers. It serves only to provide a headline that Rep. Dornan can use his fundraising letters to once again attack artists, arts organizations and freedom of expression in the country.

Steven B. Johnson
Seattle Office Director
NCFE, Seattle


PART VII: Protest Letter and Press Releases by Organization

Out North Contemporary Art House

December 9, 1997

Dear Chairman Begich and Members of the Assembly:

The Board of Trustees, Advisory Council, subscribers, members, students, parents, artists, and other Anchorage residents involved in the numerous activities of Out North Contemporary Art House are very troubled by the Assembly action of November 18 to defund Out North.

The negative action of six Assembly members has resulted in many calls and letters of support for our work. We ask you listen to those who attend and are enriched by Out North performances, workshops, and exhibitions. It is their grant that you seek to eliminate.

Many Anchorage residents are disturbed by the process used yo cut this arts funding. As referenced in the attached letter from attorney Hugh Fleischer, the mandatory criteria for grant evaluation was not used in the action to defund Out North. Additionally, this action was taken at a time when the Chair of the Arts Commission and others had left the meeting, believing that action had been postponed until December 9. These citizens could have provided the assembly with answers to your questions.

In response to this Assembly action, the Municipal Arts Commission, at their December 1 meeting, voted to support their original recommendation of $22,000 for Out North. A letter from Commission Chair John Brower to Mayor Rick Mystrom explaining the Commission's recommendation is attached.

We would like to bring your attention to the attached letter from the National Campaign for Freedom of Expression, which cautions that "to defund Out North because of objections to the content of its programming, and without regard to artistic merit, is in direct conflict with free speech principles so central to out nation's democratic and cultural heritage and exposes the city to substantial liability."

Several Assembly Members have made it clear that their action to defund Out North is based on topics or viewpoints that they oppose, specifically those works that deal with gay or lesbian issues. We ask you to reject such government sanction, referring to a federal district court decision supported by a Ninth Circuit ruling that states: "Even when government is funding speech, it may not distinguish between basis of the speaker's viewpoint or otherwise aim at the suppression of dangerous ideas...Government funding of the arts...must be viewpoint neutral."

At least one Assembly Member opposed funding Out North because its work is not suitable for children. The United States Supreme Court has recently rejected this argument by stating, "The Government may not reduce the adult population...to...only what is fit for children."

An Assembly Member surmised that the majority of taxpayers do not want their money used to fund Out North. If that is true, what about the taxes collected from the minority. Do they then go unserved? If you believe that the minority of taxpayers in this city should not receive equal treatment through this arts grant procedure, please state your position so that we all know where you stand.

Gene Dugan, Out North's founder and artistic director, in a recent issue of the national magazine, Stage Directions, said, "Any theater company has to respect the values in its community, but there are many values, many communities." Out North serves many values and many communities, and it values those people it serves. In addition to my duties as president of Out North, I am a school teacher. In my work with children and families of many colors, beliefs and configurations, I teach the value of honesty, fair play, respect for diversity and the importance of listening to different points of view. These are essential values for a healthy city. I expect no less from my Assembly than from the children in my classroom.

We want the Assembly to listen to the people whose lives have been enriched by Out North. We request that the assembly support the arts Commission process that recommends funding for quality arts programs. We ask this so that the Board of Trustees of Out North will not need to undertake litigation.

Out North's Board of Trustees respectfully demands that AM 965-97 for grants to nonprofit arts organizations, including a grant of $22,000 to Out North, be approved by Assembly action tonight.

Sincerely,

Carolynn Lancaster
President, Out North


Out North 2

NEWS RELEASE: December 18, 1997
CONTACT: Carolynn Lancaster, President

Out North Gets 2nd NEA Grant in a Week to Expand Youth Program, Loss of City Grant Places Federal Funds in Jeopardy

Anchorage's award-winning Out North Contemporary Art House was informed today by the National Endowment for the Arts that it has been selected to participate in a national youth initiative, to help make the nation's schools free of drugs, firearms and violence by the year 2000. In a letter to Gene Dugan, Out North's Artistic Director for Programs, Out North was made aware o the importance of this honor. "We are looking forward to working with such a dedicated organization," wrote Scott Shanklin-Peterson, Senior Deputy Chairman of the National Endowment for the Arts. Out North is one of Seven nonprofit agencies across the country recently chosen to be a Demonstration Site for Creative Partnership for Prevention, a project of the National Endowment for the Arts, the US Department of Education's Safe and Drug-Free Schools Program, and Learning Systems Group. Out North was invited to participate because of the nationally-recognized success of ON STAGE (Out North Student Theater Artists Gaining Experience), their innovative creative writing and theater program with at-risk teenagers in East Anchorage. "We hope to enhance the good work you are already doing with youth in the arts by developing a better understanding of how this work contributes to resiliency and drug and violence prevention," remarked Shanklin-Peterson.

Out North is to receive $5,000 plus technical assistance and training. A day-long training session will be offered free of charge for Out North's artists and community partners, including teachers from Clark Middle School and Wendler Middle School involved in their schools' Caring About Drug-Free Youth program, staff from Alaska Native Health Board's Trampling Tobacco Project, and peer outreach workers from Alaska Youth and Parent Foundation. Training will be provided by Learning Systems Group of Washington, DC with the support of the US Department of Education's Safe and Drug-Free Schools program.

The grant will enable the ON STAGE program to develop a model arts project that addresses tobacco, alcohol and other drugs and violence in the lives of young people. Thirty East Anchorage middle school-aged youth will be selected to work together over a two-month period to create a performance and present it to their peers and the public in the spring of 1988.

This is the second grant to Out North Contemporary Art House from the National Endowment for the Arts to be made public this week. Yesterday the NEA announced the award of a $40,000 Education & Access grant to Out North for the continuation of their ON STAGE program in the 1998-99 school year.

Neither of these grants replace the $22,000 Municipal operating grant to Out North recently eliminated by the Anchorage Assembly. These NEA grants must be used for direct program costs (primarily program artists' salaries and production expenses) and must be matched by local funds. The loss of the Municipal grant puts in jeopardy the nationally-respected Out North's ability to accept federal funds and Outside foundation awards.


PART VIII: Action Alert

Federal Way School Board Bans The GAP Theatre After Play Dealing with Homosexuality is Presented to Students

Letters and Calls of Protest Needed

The Federal Way School District banned the GAP Theatre group from its schools following a presentation of "The View from Here," written by Carrie Gibson and Rick Turner and directed by Susan Finque. Two school board members and some parents claimed its treatment of issues relating to homosexuality, gender equity, and sexual harassment was "degrading to families" (The News Tribune, June 11).

School board member Joel Marks stated in the June 5 Seattle Times, "They [the GAP Theatre] were trying to foist the homosexual mind-set on young, impressionable minds by making it an acceptable lifestyle choice." He added that he left the p[performance feeling "disgusted" and "physically ill." In addition, board member Ann Murphy remarked that the performance "shocked and repulsed" her, stating, "When I left that assembly...I felt those holding traditional family values were the ones that were being mocked." The Christian Coalition of Washington issued a press release criticizing "The View from Here" for questioning "normal roles of fathers, mothers, boys ands girls." Thanks to pressure from radical right groups, the GAP Theatre has already been banned from the Renton school district and from one Oregon school district.

Instead of defending free speech and students' rights to hear and discuss a variety of viewpoints and ideas, Federal Way Superintendent of Schools Tom Vander Ark wrote in the June 18 Federal Way News, "We do not promote lifestyles or use material that does. Many people feel that the GAP production crossed this line and for that I apologize. They will not be invited back to the district. Our health advisory process is also being reviewed to ensure that we avoid productions that offend so many people."

Please contact the Superintendent and tell him that the school district should stop imposing censorship and sanctioning homophobia:

Thomas Vander Ark
Federal Way School District #210
31405 - 18th Avenue S.
Federal Way, WA 98003
Tel. 941-0100; Fax 941-8505

The Federal Way School Board members may be contacted at the same coordinates:

Gail Pierson (President)
Holly Isman
Linda Hendrickson
Joel Marks
Ann Murphy

Letters to the editor may be sent to:

Editor, Federal Way News
1634 S. 312th
Federal Way, WA 98003
Fax: 529-2324, E-mail: FedWayNews@aol.com

Editor, The News Tribune
PO Box 11000
Tacoma, WA 98411
Fax: 529-2324, E-mail: leted@tribnet.com

Editor, Seattle Post-Intelligencer
PO Box 1909
Seattle, WA 98111-1909
Fax: 448-8184, E-mail: Editpage@seattle-pi.com

Editor, Seattle Thomas
PO Box 70
Seattle, WA 98111
Fax: 382-6760, E-mail: opinion@seatimes.com