Decline of Artistic Freedom in America?

Updated Nov. 22, 2024

The First Amendment to the U.S. Constitution

“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 of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Introduction

Historically, the First Amendment has protected more than mere words. Among many other things, it has been applied to an array of art forms, including illustrations, paintings, literature, and performance. 

But the right to free expression has recently grown contentious again in the United States, as certain works of art have been increasingly restricted and, at times, censored. Exhibits meant to provoke questions and conversations about the legacy of racism have been removed from college campuses for offending audiences; drag queens have been barred from performing; and artists who criticize abortion bans through various media have had their work attacked in states where abortion is more heavily restricted. All the while, oppressive governments around the world continue to censor art that runs counter to their own authoritarian vision.

Background

Please watch this video of comedian Hasan Minhaj as background:

  • Update: Saudi Arabia | Patriot Act with Hasan Minhaj | Netflix
    • Many of us may find this biting satire from a popular stand-up comedian to be poignant and on point, but the Saudis were neither amused nor touched by it. Instead, they forced Netflix, a U.S. company, to carry out censorship on their behalf. See this report on the Free Speech Tracker of what happened next:

 

 

Other Background:

Still from the 299th episode of South Park, “Band in China,” which prompted the Chinese government to remove any mention of “South Park” from streaming services and social media | Source: Comedy Central

Incidents of censorship are quite common on U.S. college campuses and
in civil society.

See these examples from recent years on the Free Speech Tracker

Similar Incidents on the Free Speech Tracker

The restriction of Free Speech cuts across other genres and venues:

Point/Counterpoint

Choose a debate from the options below and use them to articulate both sides of the issue. Do these points of view change yours? Complicate it?

Brandeis Play

ROSEANNE BARR

Some Strong Opinions

As the readings below make clear, many see Free Speech as an inalienable right, while others hold it to be more conditional: desirable, so long as the views expressed do not promote hatred or bigotry. To whom do the authors assign the responsibility for Free Speech? What do they say about the social function of artistic expression on campus? Are there utilitarian arguments that can be made for or against artistic censorship?

Discussion Questions

  1. Is this kind of censorship a uniquely American problem? Do you have any thoughts as to why this would be the case?
  2. How does art censorship in America differ from that in other countries? What can we learn from other countries’ protections and censorship of artistic expression? 
  3. Consider the censoring of the Minhaj episode in Saudi Arabia again, and read this article about the ethics of American and international business. What is the responsibility of U.S.-based companies to uphold Free Speech/the First Amendment abroad?
  4. What is the public responsibility to separate admirable art from an offensive artist who created it? This clip of Pete Davidson from “Saturday Night Live” makes the point.
  5. Check out this statement from American Theatre: “Schools have the right and responsibility to determine what is appropriate activity and speech under their control, and just because students are exposed to all manner of content in the media and even in their day-to-day lives doesn’t mean that schools can or must permit it, either in classrooms or performance.” Do you agree, and if not, why not? Whose interests should school theater, or for that matter, campus coffee shop playlists, serve?
  6. Will there always be a problem in the United States where we’re comfortable censoring certain actions by others, yet resist when they try to censor us? How many people are truly opposed to all forms of censorship?
  7. How important are feelings when evaluating whether art should be permitted? Should there be measures to protect viewers from being “triggered” or offended?
  8. Should there be a distinction between entertainment and expression?
  9. Can morality be measured in debates about which art is appropriate to display?

Additional Viewing

Art, of course, is not just to look at and critique. It inspires us, provokes us, and often makes us consider unwelcome or uncomfortable truths. In tense and chaotic times, art may communicate what is on our minds more effectively than politics or the popular media. This conversation on “Art and Political Speech” featured panelists including artists and teachers from both sides of the Atlantic, a gallery director from Barbados, and the renowned former director of the Walters Art Museum in Baltimore.

History is rife with artists who created inspiring work, but were considered questionable characters at best, and despicable at worst. Caravaggio, the renowned 16th-century Italian painter, was also known as a notorious criminal and a murderer. Immediately after the death of Klaus Kinski, one of the greatest actors of the 20th century, his daughter revealed that for years he had sexually abused her. In the 21st century, when egregious behavior has come to be more closely scrutinized, talented artists and crafty gatekeepers, such as Roman Polanski, Harvey Weinstein, and Kanye West, have not been spared from public condemnation. In these times, when creative people have been “canceled” or criticized for an assortment of reasons, is it ever truly possible to separate the art from the artist?

Activity

Click on these themes below: Artistic Expression + Hate Speech

Discuss: What does this confluence of stories with these filters tell us about the threat to artistic freedom and personal expression in the United States?

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