Tagged: censorship

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FAN 175.1 (First Amendment News) More from FIRE — New Podcast Series Charts History of Free Speech

“The podcast provides an engaging and inspiring history of free speech that is accessible to anyone interested in a topic that is fundamental to every human being and society. If you want to understand what’s at stake and know about the battles that our predecessors were engaged in the fight for free speech there can be no better place to start than with Jacob Mchangama’s podcast.”  Flemming Rose 

The folks at FIRE (Foundation for Individual Rights in Education) are on fire when it comes to almost anything having to do with free speech. They

And now, they have just released the first installment (an introduction) to an incredible podcast series on the history of free speech. It is titled: 

The series is spearheaded by Jacob Mchangama, a Danish lawyer, human-rights expert, and social commentator and the founder and director of Justitia, a Copenhagen think tank focusing on human rights and the rule of law. For six years he served as chief legal counsel at CEPOS. This year Mchangama is a Visiting Fellow at FIRE.

Why have kings, emperors, and governments killed and imprisoned people to shut them up? And why have countless people risked death and imprisonment to express their beliefs? Jacob Mchangama guides you through the history of free speech from the trial of Socrates to the Great Firewall.

Jacob Mchangama

Description

A prologue introduces the background of the podcast series and is being released today. The first official episode will be aired on February 1st. Subsequent episodes will be released on a bi-weekly basis.

Each episode focuses on a particular historical era or theme, providing listeners with a deeper understanding of how, where and why free speech has developed over time.

The first episode takes listeners back to ancient Athens focusing on the trial of Socrates and the crucial role that equal and uninhibited speech played in the world’s first democracy.

“We mustn’t allow free speech to fade into a feel-good slogan. It is an unintuitive principle with a rationale that many don’t appreciate and a history that many don’t know. Mchangama’s lucid history of free speech fills that gap and deepens our understanding of this precious concept” Steven Pinker 

The following episodes will visit places and eras such as Ancient Rome, Central Asia’s Golden Age, the Abbasid Caliphate, The Renaissance, Enlightenment and beyond.

The podcast will also feature “Expert Opinions,” interviews with leading historians and experts.

You can follow the podcast on the website (www.freespeechhistory.com), Facebook (www.facebook.com/freespeechhistory) and on Twitter (@CAPD_freespeech).

Disclosure: I work on FIRE’s online First Amendment Library and am also working with them on a forthcoming e-coursebook on free speech (stay tuned!).

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FAN 172 (First Amendment News) Books Issue — 15 New or Forthcoming Titles

Prof. Jerome Barron

It began nearly a quarter-century ago with the publication of First Amendment Law in a Nutshell. Now, that treasure trove of information appears yet again in “nutshell” form, this in its fifth edition. Compact in size, accessible in style, reliable in substance, and current up to Matal v. Tam (2017), this jem of a book is an indispensable resource for anyone interested in the First Amendment’s five freedoms.

Sadly, Jerome Barron’s friend and co-author Thomas Dienes died in 2013. “I did not have the joy the joy of working with him in this edition,” wrote Barron, “as I did in the first four editions of this book. I miss the benefit of his knowledge, insight and friendhip but I am grateful for the many years in which we worked on this and other books.”

Abstract: This book provides a short and readable source for individuals interested in constitutional law, First Amendment law, and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in cable television and in regulating children’s access to the Internet; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Fifth Edition brings the book up to date with modern First Amendment jurisprudence, including a focus on racist and offensive speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions.

Jerome Barron & C. Thomas Dienes, First Amendment Law in a Nutshell (West Academic Publishing, 5th ed., November 20, 2017)

Brand New: Fellion & Inglis on Literary Censorship

→ Matthew Fellion & Katherine Inglis, Censored: A Literary History of Subversion and Control (The British Library Publishing Division, September 28, 2017)

Brand New: Fronc on Movie Censorship

Jennifer Fronc, Monitoring the Movies: The Fight over Film Censorship in Early Twentieth-Century Urban America (University of Texas Press, November 15, 2017)

Brand New: More on Film Censorship

 Jememy Geltzer, Film Censorship in America: A State-by-State History (McFarland, November 3, 2017)

Brand New: Free Speech & Hollywood (1907-1927)

→ Jay Douglas Steinmetz, Beyond Free Speech and Propaganda: The Political Development of Hollywood, 1907–1927 (Lexington Books, November 24, 2017)

Coming this January: Easton on the Lawyer for The Masses

→ Eric B. Easton, Defending the Masses: A Progressive Lawyer’s Battles for Free Speech (University of Wisconsin Press, January 9, 2018)

Coming this January: New Life for the Press Clause?
Read More

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FAN 171.1 (First Amendment News) Met Refuses to Remove 1938 “Offensive” Painting — Free Speech Advocates Rally to Museum’s Defense

Throughout his career, Balthus rejected the usual conventions of the art world. . . Prime Ministers and rock stars alike attended the funeral of Balthus. Bono, lead-singer of U2, sang for the hundreds of mourners at the funeral, including the President of France . . . and others.  Elisa 47

Moral panics often inspire demands for censorship and this is no exception. The MET absolutely made the right decision.  Robert Corn-Revere

* * * * 

Thérèse Dreaming (Metropolitan Museum of Art)

Censorship is never a safe haven for art, be it paintings, photos, poems, films, or music. Could art, as we know it in our constitutional government, exist if it could not be offensive at times? After all, safe, sanitary, and uncontroversal art is never in need of First Amendment protection. The 1791 guaranty is there to protect art that sometimes offends, that sometimes angers, and that sometimes even trades in taboo. Or so goes the creed of the defenders of free expression who came to the defense of The Metropolitan Museum of Art’s refusal to remove a painting that some critics believe depicts “the sexualization of a child.” That painitng is Thérèse Dreaming, a 1938 work by Balthus.

Here is how the Met describes it: “With closed eyes, Balthus’s pubescent model is lost in thought. Thérèse Blanchard, who was about twelve or thirteen at the time this picture was made, and her brother Hubert were neighbors of Balthus in Paris. She appears alone, with her cat, or with her brother in a series of eleven paintings done between 1936 and 1939.”

Others see it differently.  As reported by Natalie O’Neill in a story in the New York Post: “‘The artist of this painting, Balthus, had a noted infatuation with pubescent girls and this painting is undeniably romanticizing the sexualization of a child,’ writes Mia Merrill, 30, a New York City entrepreneur who started the petition. ‘Given the current climate around sexual assault … The Met is romanticizing voyeurism and the objectification of children.'”

→ See petititon: “Metropolitan Museum of Art: Remove Balthus’ Suggestive Painting of a Pubescent Girl, Thérèse Dreaming” (10,995 supporters). Here are a few excerpts from that petition:

  • “When I went to the Metropolitan Museum of Art this past weekend, I was shocked to see a painting that depicts a young girl in a sexually suggestive pose. Balthus’ painting, Thérèse Dreaming, is an evocative portrait of a prepubescent girl relaxing on a chair with her legs up and underwear exposed.”

(From online petition)

  • It is disturbing that the Met would proudly display such an image. . .  The artist of this painting, Balthus, had a noted infatuation with pubescent girls, and it can be strongly argued that this painting romanticizes the sexualization of a child.”

Removal or Trigger Warning Urged

  • “I am not asking for this painting to be censored, destroyed or never seen again. I am asking The Met to seriously consider the implications of hanging particular pieces of art on their walls, and to be more conscientious in how they contextualize those pieces to the masses. This can be accomplished by either removing the piece from that particular gallery, or providing more context in the painting’s description. For example, a line as brief as, ‘some viewers find this piece offensive or disturbing, given Balthus’ artistic infatuation with young girls.‘”

Ms. Mia Merrill

 Mia Merrill Twitter message: “I put together a petition asking the Met to take down a piece of art that is undeniably romanticizing the sexualization of a child. If you are a part of the movement or ever think about the implications of art on life, please support this effort.”

Met Responds

As reported in the Post, Kenneth Weine, spokesman for the Met, stated:“[Our] mission is to collect, study, conserve, and present significant works of art across all times and cultures in order to connect people to creativity, knowledge, and ideas.  Moments such as this provide an opportunity for conversation, and visual art is one of the most significant means we have for reflecting on both the past and the present.”

Free-Speech Advocates Defend Met

  • “The National Coalition Against Censorship (NCAC) strongly supports The Metropolitan Museum of Art’s refusal to remove a painting that some critics believe depicts ‘the sexualization of a child.’ . . . The protesters’ claim that displaying the painting implies institutional approval of an unhealthy sexualization of young women . . . fundamentally misconstrues the role of cultural institutions, which is to facilitate a diverse public’s engagement with a rich array of cultures and objects by framing and contextualizing them. . . . NCAC applauds The Met’s refusal to bow to its critics. We will continue to support cultural institutions that allow members of the public to make up their own minds about what is ‘offensive.'”

“Great museums don’t need to be lectured about the supposedly baleful impact of their exhibitions; in each generation, they need to be protected from well-meaning but art-threatening ning censors who seek to substitute their notions of morality for artistic judgments about what to paint and what to display.” — Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel

— “Especially in light of the Museum’s advance notice to potential viewers that “Some of the paintings in this exhibition may be disturbing to some visitors,” it would be inappropriate for the Museum to deprive all visitors of the opportunity to view the work and to discuss the issues it illuminates. This is particularly true during this “Me Too” moment, given the important public focus on pertinent issues, including Roy Moore’s sexual pursuit of young females.” — Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School

 “The Metropolitan Museum of Art has been forced to respond to would-be censors since the 1880s. The claim of harm to children was always the easiest to make. During the era in which Comstock Laws were enforced most broadly, reproductions of nudes exhibited at the Met were deemed obscene, burned and destroyed, while the originals were held to be art, and therefore not subject to suppression. Claims were made by Comstock and his employers about the ways in which the particular effects of originals ameliorated their ‘bad tendencies’ but in reality this responded to the political problems raised by questioning the morals of wealthy donors. Bravo, Met, once again.” — Amy Werbel, Associate Professor, Fashion Institute of Technology, State University of New York and author of Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock (forthcoming 2018)

Woodhull Freedom Foundation does not support censorship in any form, especially when it comes to works of art that raise troubling themes. We do support high standards for interpretive materials and believe that at their best they should reflect the most current understanding or knowledge about an artist, issue, historical era, or work of art. While coverage of this petition has focused on the call to remove the work, we do note that the author of the petition offers a choice, where providing better interpretive material would facilitate the display of the work in question.”  — Elizabeth Wood, Senior Strategist, Woodhull Freedom Foundation

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FAN 99.6 (First Amendment News) Floyd Abrams on Campus Censorship (Then & Now) & Related Topics

On March 1, 2016, Floyd Abrams gave the Levitt Lecture at the University of Iowa School of Law. Below are a few excerpts from his remarks:

Floyd Abrams

Floyd Abrams

Years Ago: In London with Justice Scalia & Nadine Strossen (then President of the ACLU): “We started talking about some First Amendment cases, particularly Hill v. Colorado, a ruling affirming the constitutionality of significant limitations on speech in areas near facilities in which abortions were performed. All three of us agreed on how terrible the majority opinion of Justice Stevens was and how enlightened Justice Scalia’s dissent was. (In those days, although not more recently, the ACLU, which Nadine then headed, took a strong First Amendment stand against such laws.) Justice Scalia, one could tell, enjoyed the conversation, and at one point leaned back, drink in hand, cigar in mouth, and said ‘you know, I’m not really bad about the First Amendment.’”

Campus Censorship in the 1950s: Reading [about] examples [of censorship on college campuses today], I couldn’t help but compare them to the time when I entered Cornell University more — as you will undoubted be surprised to hear — than a few years ago. At that time, upon entrance into the university, all students were required to sign some sort of document agreeing that we could be suspended for saying just about anything on just about any topic of which the university disapproved. In fact, we were required to carry at all times some sort of identification card saying just that. And as I recall it, there really was very little controversial speech at all on campus — a real loss, I can say in retrospect — but very much the ethos of life in America on and off campus in the long ago 1950s.”

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Free Speech on College Campuses Today: “Just about a year ago, I gave a speech in Philadelphia at Temple University in which I maintained that the single greatest threat to freedom of speech in the country was on college campuses. I pointed out, as I would today, that while our problems did not approach those in many other countries around the world, that they were serious, troubling, even disturbing. Nothing that has occurred in the last year has led me to change that view. Part of the problem stems from the behavior—misbehavior might be the better word–of college and university administrations. The indispensable organization called FIRE, which tracks the behavior of colleges and universities with respect to free speech on campus, has just published its list of the 10 worst colleges for free speech in 2016. I held my breath as I read it, wondering if your great university would make the list in time for me to comment on it in this talk.”

The New Censors: “[T]oday there are new censors who seek to place new limits on what may be said on campus. And I’m sorry to say they’re students. . . . Most campus activism in public universities is protected by First Amendment and is indispensable if society is to change for the better. But too often in recent days, students have overstepped the bounds of activism into demanding a sort of de facto censorship. And too often, those desires of those students are accommodated by all-too-compliant university administrators that are willing to bend to their demands rather than risk the turmoil or worse that could result in their not doing so.”

Mr. Trump & the First Amendment: “[I]t’s worth remembering that some of [Mr. Trump’s] rhetoric would not only be controversial in other democratic nations, as it certainly is here, but illegal. In Belgium, a member of Parliament was convicted of a crime for saying, ‘Stop the Islamification of Belgium’ and making similar statements. In England, a man was convicted for carrying a poster that said, ‘Islam out of Britain-Protect the British People.’ Whatever you think of more than one not dissimilar statement of Mr. Trump in this campaign – and, in case you’re interested, I think they are appalling – the First Amendment protects them.” (See also Abrams & Collins: “Confronting Trump — An American Debate Censorship Cannot Stop,” Concurring Opinions, Dec. 18, 2015).

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The Wake Forest Law Review Online: “The Myth of Perfection”

The Wake Forest Law Review Online

The Wake Forest Law Review Online has published an essay on internet privacy, online censorship and intellectual property rights: The Myth of Perfection by Derek E. Bambauer.

In The Myth of Perfection, Derek Bambauer explores the impact of the pursuit of perfection on internet privacy, online censorship and intellectual property protection.  Bambauer argues that the “obsession” with perfection may threaten innovation and detract from more pressing privacy concerns.  Ultimately, Bambauer concludes  that in the place of perfection, “we should adopt the more realistic, and helpful, conclusion that often good enough is . . . good enough.”

Preferred citation:

Derek E. Bambauer, The Myth of Perfection, 2 Wake Forest L. Rev. Online 22 (2012), http://wakeforestlawreview.com/the-myth-of-perfection.