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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of.

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Presentation on theme: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of."— Presentation transcript:

1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The First Amendment to the United States Constitution

2 Chris Ofili Holy Virgin Mary, 1996 paper collage, oil paint, glitter, polyester resin, map pins, elephant dung on linen

3 CASE NAME:Brooklyn Institute of Arts and Sciences v. City of New York and Rudolph Giuliani CITATION:64 F.Supp2d 184 (F.D.N.Y. 1999) Topics:Blasphemy; Contracts; Funding; Public Art; Public Forum; Time, Place and Manner Restrictions The Mayor of New York took offense to several works displayed in the “SENSATION” exhibit at the Brooklyn Museum. In particular, Giuliani felt Chris Ofili’s “The Holy Virgin Mary”, a painting incorporating elephant dung, desecrated religion. In response, the City attempted to withhold funds already designated for the general operation of the museum, and sought to eject the Museum from the City-owned land on which it had stood for over one hundred years. The court granted the Museum’s request for a preliminary injunction, prohibiting the Mayor or the City from punishing or retaliating against the Museum for displaying the exhibit. The court granted the injunction due to its finding that the museum was and would continue to suffer irreparable harm if an injunction was not granted. The court also based its ruling on the finding that the Museum was likely to prevail on its First Amendment claim at a full-blown trial. This was because: The government cannot suppress works said to be “offensive, sacrilegious, morally improper or dangerous”, even in indirect ways. The government may selectively fund projects promoting a particular viewpoint on a matter of public concern without, as a result, being required to give equal time to an opposing view. The government is not required to grant a general benefit or subsidy, BUT upon allocating such a grant it cannot punish or retaliate against a particular Museum because of the perceived viewpoint of the works in an exhibit by rescinding that subsidy. Finley does NOT stand for the proposition that viewpoint discrimination in arts funding is permissible, but rather that “decency” and respect for diverse beliefs and values are suitable factors to take into consideration. Just as the government does not violate the Establishment Clause of the Constitution (which requires the separation of church and state) by funding museums that house religious paintings, it does not endorse anti- religious views by funding museums that house arguably sacrilegious paintings; any objective observer would not believe the City or the Mayor endorsed Mr. Ofili’s views.

4 HONOLULU -- The American Civil Liberties Union of Hawai`i today announced the settlement of a case filed against the City and County of Honolulu for banning the art work of a local artist from an exhibit at Honolulu's City Hall last year. Dara Fand “last of the believers”

5 Andres Serrano “Piss Christ” Blood and Semen Part of the Piss Christ series Used for a Metallica record cover.

6 . The Jyllands-Posten Muhammad cartoons controversy began after twelve editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 2005-09-30. The newspaper announced that this publication was an attempt to contribute to the debate regarding criticism of Islam and self- censorship. In response, Danish Muslim organizations held public protests and spread knowledge of Jyllands-Posten's publication. As the controversy grew, examples of the cartoons were reprinted in newspapers in more than fifty other countries, which led to violent as well as peaceful protests, including rioting particularly in the Muslim world.

7 This Saudi store has stopped selling Danish products

8 2nd mural by Eric Norberg and Kamau Ayubbo Riot Police in front of the first mural as it is being sandblasted off the wall.

9 The Masters of Augusta by Rick Rush The Issue: Trademarks and Artistic Expressio n

10 Boggs Bill used to barter for goods and services

11 University of Wisconsin - Green Bay Chancellor Bruce Shepard recently defended his decision to remove an artwork by Chicago-based designer Al Brandtner from the exhibition "Axis of Evil: A Secret History of Sin" with the following statement: I have concluded that one piece in the exhibit does seriously cross an important line. That piece involves a representation of the current U.S. President with a handgun being pointed at and an inch or two away from the President’s temple, held by the hand of someone outside the frame, finger on the trigger. The flag is in the background. The words “Patriot Act” prominently label this scene.

12 CASE NAME: Nelson v. Streeter CITATION: 16 F.3d 145 (7th Cir. 1994) Topics: Funding; Seizure/Destruction; Public Figures 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. Nelson claimed his civil and constitutional rights were violated and sought damages. The court held that although the Art Institute received funding from the City, the City did not own or directly control the museum and therefore city officials did not have a right to enter its exhibitions uninvited and remove art from its walls. The aldermen did not have immunity from the lawsuit because it was clear at the time they acted that they were not acting in accord with the Constitution. The court rejected the city’s arguments that aldermen acted to prevent a community race riot and protect the painting, suggesting the officials should arrest violent rioters rather than seize controversial artwork. The court also held that the taking of the painting, although temporary, was still an illegal seizure under the Fourth Amendment. Finally, the court rejected the argument that all the publicity had actually enhanced the value of Nelson’s work, and held the officials liable for damages.


14 Original cover Official release Self Censorship

15 In 1993this cover of a birth was banned from Tower Records for being obscene and displayed and sold in a plain wrapper in other stores.


17 CASE NAME:Jones v. FCC (The Sarah Jones Case CITATION:No. 01 Civ. 693 DLC, 2002 WL 2018521 (S.D.N.Y. Sept. 4, 2002) Topics:Decency/Indecency; Radio/Music After a radio station played Sarah Jones’ rap song “Your Revolution,” (see below) the Federal Communications Commission (FFC) issued to that radio station, but not to Jones, a Notice of Apparent Liability for Forfeiture (NAL) for broadcast of an allegedly obscene song. Enforcement of the NAL would impose a fine of $7,000 on the radio station. The radio station, with Jones, made an administrative appeal. Sarah Jones nonetheless also sued the FCC in federal district court on the claim that the issuance of the NAL violated her First Amendment rights. The Court dismissed her claim, finding (1) the FCC had not made a final ruling on the propriety of the NAL issuance, and judicial review will be available only after such a ruling; and (2) the Court lacked jurisdiction. The Court dismissed the claim without a ruling, and the FCC has since rescinded its issue of the NAL against the radio station, finding that the song is not indecent and ending censorship of Jones’ song (see

18 One of the most famous cases of banned songs occurred several days after September 11, 2001. As the story goes, a Program Director at one of the Clear Channel Radio stations, decided on his own to compile a list of songs that might be considered in "bad taste" - if played - following the awful events of 9/11

19 Alice In Chains, "Rooster" Alice In Chains, "Sea of Sorrow" Alice In Chains, "Down in a Hole" Alice In Chains, "Them Bones" Beastie Boys, "Sure Shot" Beastie Boys, "Sabotage" The Cult, "Fire Woman" Everclear, "Santa Monica (Watch the World Die)" Filter, Hey Man, "Nice Shot" Foo Fighters, "Learn to Fly" Savage Garden, "Crash and Burn" Dave Matthews Band, "Crash Into Me" Bangles, "Walk Like an Egyptian" Pretenders, "My City Was Gone" Alanis Morissette, "Ironic" Barenaked Ladies, "Falling for the First Time" Fuel, "Bad Day" Korn, "Falling Away From Me" Red Hot Chili Peppers, "Aeroplane" Red Hot Chili Peppers, "Under the Bridge" Smashing Pumpkins, "Bullet With Butterfly Wings" Peter Gabriel, "When You're Falling" System Of A Down, "Chop Suey!" Lenny Kravitz, "Fly Away" Tom Petty, "Free Fallin'" Bruce Springsteen, "I'm On Fire" Bruce Springsteen, "Goin' Down" Phil Collins, "In the Air Tonight" Limp Bizkit, "Break Stuff" Green Day, "Brain Stew" Temple Of The Dog, "Say Hello to Heaven" Sugar Ray, "Fly" Local H, "Bound for the Floor" Slipknot, "Left Behind, Wait and Bleed" Bush, "Speed Kills" 311, "Down" Stone Temple Pilots, "Dead and Bloated" Soundgarden, "Fell on Black Days" Soundgarden, "Black Hole Sun" Metallica, "Seek and Destroy" Metallica, "Harvester of Sorrow" Metallica, "Enter Sandman" Metallica, "Fade to Black" Nine Inch Nails, "Head Like a Hole" Godsmack, "Bad Religion" Tool, "Intolerance" Soundgarden, "Blow Up the Outside World" Nena, "99 Luft Balloons/99 Red Balloons" AC/DC, "Shot Down in Flames" AC/DC, "Shoot to Thrill" AC/DC, "Dirty Deeds" AC/DC, "Highway to Hell" AC/DC, "Safe in New York City" AC/DC, "TNT" AC/DC, "Hell's Bells" Black Sabbath, "War Pigs" Black Sabbath, "Sabbath Bloody Sabbath" Black Sabbath, "Suicide Solution" Kansas, "Dust in the Wind" Led Zeppelin, "Stairway to Heaven" The Beatles, "A Day in the Life" The Beatles, "Lucy in the Sky with Diamonds" The Beatles, "Ticket To Ride" The Beatles, "Obla Di, Obla Da" Bob Dylan/Guns N Roses, "Knockin' on Heaven's Door" Arthur Brown, "Fire" Blue Oyster Cult, "Burnin' For You" Paul McCartney & Wings, "Live and Let Die" Jimi Hendrix, "Hey Joe" Jackson Browne, "Doctor My Eyes" John Mellencamp, "Crumbling Down" John Mellencamp, "Paper In Fire" U2, "Sunday Bloody Sunday" Boston, "Smokin" Billy Joel, "Only the Good Die Young" Dio, "Holy Diver" Steve Miller, "Jet Airliner" Queen, "Another One Bites the Dust" Queen, "Killer Queen" Pat Benatar, "Hit Me with Your Best Shot" Pat Benatar, "Love is a Battlefield" Oingo Boingo, "Dead Man's Party" REM, "It's the End of the World as We Know It" Talking Heads, "Burning Down the House" Judas Priest, "Some Heads Are Gonna Roll" Pink Floyd, "Run Like Hell" Pink Floyd, "Mother" John Parr, "St. Elmo's Fire" Barry McGuire, "Eve of Destruction" Steam, "Na Na Na Na Hey Hey" Drifters, "On Broadway" Shelly Fabares, "Johnny Angel" Los Bravos, "Black is Black" Peter & Gordon, "I Go To Pieces" Peter & Gordon, "A World Without Love" Elvis Presley, "(You're the) Devil in Disguise" Zombies, "She's Not There" Elton John, "Bennie & The Jets" Elton John, "Daniel" Elton John, "Rocket Man" Jerry Lee Lewis, "Great Balls of Fire" Santana, "Evil Ways" Louis Armstrong, "What A Wonderful World" Youngbloods, "Get Together" Ad Libs, "The Boy from New York City" Peter Paul & Mary, "Blowin' in the Wind" Peter Paul & Mary, "Leavin' on a Jet Plane" Rolling Stones, "Ruby Tuesday" Simon & Garfunkel, "Bridge Over Troubled Water" Happenings, "See You in Septemeber" Carole King, "I Feel the Earth Move" Zager & Evans, "In the Year 2525" Norman Greenbaum, "Spirit in the Sky" Brooklyn Bridge, "Worst That Could Happen" Three Degrees, "When Will I See You Again" Banned songs on Clear Channel post 9-11

20 Cat Stevens, "Morning Has Broken" Jan & Dean, "Dead Man's Curve" Martha & The Vandellas, "Nowhere to Run" Martha & The Vandellas/Van Halen, "Dancing in the Streets" Hollies, "He Ain't Heavy, He's My Brother" Sam Cooke/Herman's Hermits, "Wonderful World" Petula Clark, "A Sign of the Times" Don Mclean, "American Pie" J. Frank Wilson/Pearl Jam, "Last Kiss" Buddy Holly & The Crickets, "That'll Be the Day" John Lennon, "Imagine" Bobby Darin, "Mack the Knife" The Clash, "Rock the Casbah" Surfaris, "Wipeout" Blood Sweat & Tears, "And When I Die" Dave Clark Five, "Bits and Pieces" Tramps, "Disco Inferno" Paper Lace, "The Night Chicago Died" Frank Sinatra, "New York, New York" Creedence Clearwater Revival, "Travelin' Band" The Gap Band, "You Dropped a Bomb On Me" Alien Ant Farm, "Smooth Criminal" 3 Doors Down, "Duck and Run" The Doors, "The End" Third Eye Blind, "Jumper" Neil Diamond, "America" Skeeter Davis, "End of the World" Ricky Nelson, "Travelin' Man" Chi-Lites, "Have You Seen Her" Animals, "We Gotta Get Out of This Place" Fontella Bass, "Rescue Me" Mitch Ryder, "Devil with the Blue Dress" James Taylor, "Fire and Rain" Edwin Starr/Bruce Springsteen, "War" Lynyrd Skynyrd, "Tuesday's Gone" Drowning Pool, "Bodies" Mudvayne, "Death Blooms" Megadeth, "Dread and the Fugitive" Megadeth, "Sweating Bullets" Saliva, "Click Click Boom" P.O.D., "Boom"

21 Boman v. Bluestem Unified School District No. 205

22 Untitled (tattoo) by Ronald P. White

23 Is it the Right's Beer Now? (photo montage, approximately 10' x 103') by Michael Lebron




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