
in support of free expression
The information presented here by the National
Coalition Against Censorship (NCAC) may be freely redistributed in its entirety,
provided that readers are informed that the information was obtained from
NCAC's World Wide Web site and that credit is given to the appropriate source
of whatever information is used. Permission is expressly granted for the information
obtained to be made available for file transfer from installations offering
unrestricted anonymous file transfer on the Internet. Information found here
may not be sold for profit or incorporated in commercial documents without
the written permission from the National Coalition Against Censorship.
©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
free speech first amendment censorship
|
|
|
Robyn
Bellospirito arranged to have a collection of
her paintings exhibited in the Community Room
of the Manhasset Public Library, a room reserved
for community uses that often included art displays.
The library approved Ms. Bellospirito's work for
display prior to learning that some of the pieces
depicted semi-nude women. When the library discovered
that some of the paintings contained nudes, it
informed Ms. Bellospirito that its "policy"
against nudity prohibited her from displaying
some of her artwork, despite its concession that
the disputed works were fairly innocuous. Notably,
the "policy" invoked to block the display
of the artwork was not clearly written or articulated
in any tangible form. Ms. Bellospirito brought
an action against the library asserting that her
First Amendment rights had been violated.
The United States District Court for the Eastern
District of New York held in favor of Ms. Bellospirito.
It found that the library was, at a minimum, a
limited
public forum where the artistic expression
was unquestionable within the established parameters
of the forum, and therefore, any restriction on
the content of speech was subject to the same
strict scrutiny applied to content based regulations
of speech in public forums. Specifically, any
content based regulations must be narrowly tailored
to serve a compelling state interest. It concluded
that the Library's efforts to "protect"
young people with an outright ban on all nudity
was overbroad. The Library could have drawn up
a policy narrowly tailored to serve the compelling
state interest in protecting children from sexually
explicit material, but had failed to do so.

|
|
| These
materials are not intended, and should not be used, as
legal advice. They necessarily contain generalizations
that are not applicable in all jurisdictions or circumstances.
Moreover, court decisions may be superceded by subsequent
rulings, and may be subject to alternative interpretations.
Corrections, clarification, and additions are welcome.
Please send to ncac@ncac.org. |
|
Action Alerts
» National
» Eastern
» Central
» Mountain
» Pacific
» email alert sign-up
» report censorship!
|