TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P32

Gale Encyclopedia of American Law Volume 2 P32 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 298 CENSORSHIP Controversy over the role of government support of the arts arose in the late 1980s with two artists who received NEA funding. In 1988 the photographer Andres Serrano received harsh condemnation for his photograph titled Piss Christ which depicted a plastic crucifix floating in a jar of Serrano s urine. Numerous senators sent letters of protest to the NEA insisting that the agency cease underwriting vulgar art. A second furor arose in 1989 over the work of another photographer Robert Mapplethorpe who received NEA support for his work which depicted flowers nude children and homosexuality and sadomasochism. Senator jesse helms . argued the most vociferously against the NEA choices and introduced legislation to ban funding of obscene or indecent art 1989 . 2788 codified at 20 . 953 et seq. . The Helms Amendment adopted in October 1989 gave the NEA great power and latitude to define obscenity and quash alternative artistic visions. To enforce the new amendment the NEA established an obscenity pledge which required artists to promise they would not use government money to create works of an obscene nature. The art world strongly resisted this measure Many museum directors resigned in protest and several well-known artists returned their NEA grants. Two important cases tested the power of the NEA to censor artistic production. In Bella Lewitsky Dance Foundation v. Frohnmayer 754 F. Supp. 774 . Cal. 1991 a dance company refused to sign the obscenity pledge and sued on the ground that the pledge was unconstitutional. A California district court agreed that the pledge violated the First Amendment right to free speech and that its vagueness denied the dance company due process under the FIFTH AMENDMENT. In New School v. Frohnmayer No. 90-3510 . 1990 the New school for social Research in New York City turned down a grant claiming that the obscenity pledge acted as prior restraint and therefore breached the school s First Amendment .

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