Decline of Artistic Freedom in America?
Updated Nov. 22, 2024
“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:
- Netflix pulls critical comedy episode from Saudi platform — December 2018
Other Background:
- China bans ‘South Park’ in response to an episode critical of Chinese government — October 2019
- NHL bans Pride tape on hockey sticks, then reverses itself, following earlier Pride jersey controversy related to the Kremlin – October 2023
- Dubai-based television company makes cuts to John Oliver ‘Last Week Tonight’ episode — January 2024
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
Theater
- Cancellation of satirical play at university in California leads to resignation — September 2016
- Brandeis University in Massachusetts postpones play after complaints about its depiction of black characters — October 2017
- Knox College in Illinois cancels theater production after accusations of ‘whitewashing,’ racial stereotyping — November 2017
- Syracuse University in New York bans fraternity and suspends members for offensive skit; adjunct professor loses job after opposing decision — April 2018
- Florida high school cancels play about a 1923 canceled play — February 2023
- New York City theater festival pulls show over anti-transgender content — February 2023
- Theater teacher alleges he was fired from Tennessee private school due to content of plays – July 2023
Art
- University of Southern Maine removes artwork by sex offender from campus exhibition — April 2018
- Artist claims censorship after removal of portrait at Massachusetts private school — October 2018
- DC arts agency issues, then quickly retracts, restriction on artistic expression — November 2018
- Mary Baldwin University in Virginia removes art exhibit on Confederate monuments — November 2018
- San Francisco high school’s Depression-era murals spark censorship debate — August 2019
- Sacramento teacher censors students’ Black Lives Matter artwork — November 2019
- Judge rules Vermont Law School can hide controversial murals depicting slavery — October 2021
- Anti-abortion display in public space at Pepperdine University covered over by abortion-rights supporters — September 2021
- Idaho college, citing state law, removes abortion-related art exhibits — March 2023
- Florida principal resigns after art class exposes students to Michelangelo statue — March 2023
- Free Speech organizations condemn Daytona State College over alleged censorship of photo exhibit on police violence — September 2023
- Legal settlement allows Virginia photographer to refuse capturing same-sex weddings — November 2023
Similar Incidents on the Free Speech Tracker
The restriction of Free Speech cuts across other genres and venues:
- Pro-Trump mural at University of Minnesota painted over with ‘Stop White Supremacy’ — October 2016
- Critical of Trump, student’s graduation poem prompts university apology in California — May 2017
- Coffee shop fires two employees after Duke University official complains about music — May 2018
- ‘Roseanne’ reboot canceled after star’s racist Tweet — May 2018
- Federal appeals court rules that Christian videographers can refuse service to same-sex couples — August 2019
- SNL hires, then fires, comedian Shane Gillis over racist remarks — September 2019
- Georgia college students protest author’s message by burning books — October 2019
- National Archives altered signs critical of Trump in 2017 Women’s March photo — January 2020
- Publisher of video game Call Of Duty wins lawsuit confirming its First Amendment right to depict Humvees — March 2020
- Dave Chappelle comedy special spurs backlash for including transphobic commentary — January 2022
- Spotify pulls more than 110 episodes of ‘The Joe Rogan Experience’ podcast, amid COVID-19 misinformation controversy — April 2022
- Creator of ‘Dilbert’ comics dropped by publisher, newspapers after racist rant — April 2023
- Catholic University of America rules student did not engage in ‘disorderly conduct’ through satire of conservative student group — May 2023
- Judge blocks Montana drag show ban — November 2023
- New York cultural center harshly criticized after canceling event featuring author critical of Israel — December 2023
- Supreme Court sides with web designer who challenged the Colorado Anti-Discrimination Act by refusing to create websites for same-sex couples — January 2024
- Salman Rushdie publishes memoir detailing stabbing at Chautauqua Institution, accused attacker heads to trial – May 2024
The Role of Free Speech
- Is Artistic Freedom a Lost Cause?, Inside Higher Education, November 2018
- How art can shape America’s conversation about freedom, Dread Scott’s TED Talk, September 2018
- Experts say attacks on free speech are rising across the U.S., PBS News, March 2023
- MSU’s handling of exhibit featuring pro-Palestinian sentiment raises concerns of censorship, racism, The State News, October 2024
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
- University’s statement related to the Creative Arts Award and ‘Buyer Beware’, BrandeisNOW, November 2017
- versus
- Open letter to Brandeis, FIRE, November 2017
ROSEANNE BARR
- Why Roseanne Barr’s Twitter rant is not a free speech issue, The Independent, June 2018
- versus
- Were Roseanne Barr’s free speech rights violated when Disney fired her?, The Atlanta Journal-Constitution, May 2018
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?
- The Rise of Artistic Censorship on College Campuses Should Worry the American Public, Artsy, July 2018
- “One man’s vulgarity”: Art censorship on American campuses – Full Text, FIRE
- The New Censorship on Campus, The Chronicle of Higher Education, June 2017
- Art Censorship, The First Amendment Encyclopedia, August 2023
- Campus Censorship Breeds Societal Dysfunction, Forbes, September 2014
- That’s Not Censorship, The Atlantic, December 2023
- The Fragile Future of Artistic Expression on Campus, Inside Higher Ed, March 2023
- National organizations sound the alarm: suppressing art because it relates to political conflict is a violation of artistic freedom, National Coalition Against Censorship, March 2024
Discussion Questions
- Is this kind of censorship a uniquely American problem? Do you have any thoughts as to why this would be the case?
- 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?
- 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?
- 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.
- 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?
- 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?
- How important are feelings when evaluating whether art should be permitted? Should there be measures to protect viewers from being “triggered” or offended?
- Should there be a distinction between entertainment and expression?
- 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?