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Table of Contents National Campaign for Freedom of Expression Introduction Appendix I: What To Do If it Happens to You Appendix III: Sample Documents
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INTRODUCTION Freedom of artistic expression is the principle that an artist should be unrestrained by law or convention in the making of his or her art. Artistic freedom is vital to both the cultural and political health of our society. It is essential in a democracy that values and protects the rights of the individual to espouse his or her beliefs. Just as our nation’s free speech heritage protects the rights of artists to create, display, perform, and sell their artwork, so too does it protect the rights of the general public to dislike, criticize, and be offended by artwork. What we will call a “challenge” to the freedom of artistic expression is more than mere criticism or commentary. A “challenge” arises when the critic takes the significant leap from merely voicing distaste of the art to questioning its right to exist or be seen, and seeking to stop its exhibition or performance. Artistic freedom is threatened when art is challenged because of its content, message or viewpoint, rather than because of its aesthetic qualities or artistic merit. A challenge may be motivated by disagreement with the perceived message or the fear of negative public reaction. A challenge may be part of an organized effort to protest specific social issues. Challenges may come from members of the general public, representatives of organizations, or governmental officials. Challenges may also originate from within the arts community—for example, from curators, artistic directors, or funders. Although most challenges to artistic freedom share common themes, each circumstance is shaped by unique facts and nuances. This handbook provides artists, arts presenters, and audience members with an historical and legal context for understanding, preparing for, and responding to challenges to artistic freedom, and suggests preparation, coping, and response strategies for the typical incident. This handbook is but a beginning. In the event you are faced with a challenge to your freedom of artistic expression, seek out additional advice and assistance.
It is easy to get caught in the trap of debating whether a challenge to your freedom of artistic expression is or is not “censorship.” Some argue that “censorship” refers only to governmental, as opposed to private, action. And the implication is often that if it is not “censorship,” the artist has no real grounds for recourse or complaint. Rather than becoming entangled in these unhelpful semantic tussles, this handbook uses the term “challenges” to refer to all assaults on freedom of artistic expression, whether by government or by private organizations and individuals. The term “censorship” is reserved for actions by governmental employees acting in their official capacities. |
