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©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
free speech first amendment censorship
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Professor
Piarowski, the head of the Art Department at Illinois
Community College, contributed eight stained-glass
windows, five of which were abstract and three
of which were representational to the “Art
Department Faculty Exhibition.” One of the
representational works depicted a naked woman
masturbating and another depicted a woman engaging
in sexual acts with a man. The main floor of the
College’s principal building is a large
open area, and the gallery where these works were
displayed was not separated by a wall from the
rest of the space. The Professor claimed the college
violated his First Amendment rights for demanding
that he move his artwork from a faculty exhibit
in the College's gallery to an alternate location
in the Art Department because of the art's alleged
sexual explicitness
The Court found the representational stained-glass
windows depicting nude and semi-nude figures not
to be obscene
or devoid of artistic merit, but upheld the College's
action. Central to the Court’s decision
was its finding that the gallery was not a public
forum, and the Professor was acting as an
employee of the College – in fact, he was
the head of the Art Department and manager of
the exhibit for the College. Exhibitions in the
gallery were typically by invitation and the Professor's
choice of placement, as an employee of the College,
was not immune to the College’s public relations
interests, especially since the issue was relocation
rather than removal. In other words, since the
Professor was an employee of the University, and
the exhibit was billed as a faculty exhibit, then
the College’s public relations interests
and power as an employer trumped the interests
of the individual, particularly where the issue
was one of relocation of art rather than total
suppression of art. |
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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Moreover, court decisions may be superceded by subsequent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. |
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