Posted on 09/23/2005 12:36:27 PM PDT by Calpernia
The government is privileged to choose what artwork is worthwhile without being accused of censorship as long as it is funding the art, U.S. Supreme Court Justice Antonin Scalia said Thursday.
``The First Amendment has not repealed the ancient rule of life, that he who pays the piper calls the tune,'' Scalia said at a symposium entitled ``American Society and the Arts,'' hosted by the Juilliard School.
Scalia discussed and fielded questions about only the arts. He said he was not suggesting that the government not fund the arts but that if it does, just like when it runs a school system, it gets to pick the contents.
Congress created institutions like the National Endowment for the Arts, which passes tax dollars to artists and can require them to use it in ways approved by the government, Scalia said.
A law requiring the NEA to consider decency as well as artistic merit in handing out public money was enacted by Congress in 1990 following public controversy over the NEA's role in funding such works as the homoerotic images of Robert Mapplethorpe and Andres Serrano's ``Piss Christ,'' a photograph of a crucifix immersed in urine. The NEA was created in 1965 to subsidize artists and arts groups, but some conservatives contend it finances obscenity.
The decency law was challenged by a group of avant-garde artists, but in 1998 the Supreme Court ruled the government may exercise a ``decency standard'' for funding the arts.
Scalia said he believes the government did not violate the First Amendment in the case of ``Piss Christ,'' saying it did not pass any law to throw the ``modern day da Vinci'' into jail nor did it stop him from displaying his art.
``I can truly understand the discomfort with government making artistic choices, but the only remedy is to get government out of funding,'' he told the audience.
The usual battleground in censorship of the arts relates to obscenity, which the First Amendment does not protect. But Scalia said the Supreme Court has not done a very good job of framing a definition of obscenity.
``The line between protected pornography and unprotected obscenity lies between appealing to a good healthy interest in sex and appealing to a depraved interest, whatever that means,'' Scalia said in stating the court's position.
The result is that every small town in America must tolerate the existence of a porn shop, he argued.
Scalia doing his best to show that he isn't responsible for the lunacy!!
``I can truly understand the discomfort with government making artistic choices, but the only remedy is to get government out of funding...''
Exactly....which is one good reason why the government should not be in funding the arts.
homoerotic images of Robert Mapplethorpe
"``I can truly understand the discomfort with government making artistic choices, but the only remedy is to get government out of funding,'' he told the audience."
bump
Dr. Von Nostrand, renowned oncologist, was trained at Juilliard.
On a side note, I've read Justice Scalia is also a talented musician, playing piano and leading the annual Christmas Carols (!) sing at the Supreme Court. He's no Condi Rice. Wouldn't that be awesome to see Condi as President playing Beethoven sonatas at State Dinners?
Clinton versus Greenspan on saxophone--who makes the other sit down, listen and learn?
No.
Nixon was tolerable at piano.
They have a Christmas Carol Sing at the Supreme Court? What do Ginsburg and Breyer do? Don't tell the ACLU!
So was Truman.
Which only underscores that the battle is waged in a wrong place: it is the general culture that draws the line here. People that find anti-religious art (justifiably) offensive think nothing of swearing in front of their kids and do not understand that these are related.
When you degrade decency in one way don't be surprised that someone else degrades it in another.
It looks like Andres Serrano was badly dehydrated when he created this masterpiss.
I have my grant application for "Piss Koran" in. I'm sure I'll be as welcome as Serrano was... is.
d.o.l.
Criminal Number 18F
Wouldn't mind seeing Condi play piano. Would mind watching President Condi playing piano.
Does Dubya have a musical bone in his body? What about Cheney? Anybody know? I hope Hillary does not.
The question is, first, whether gov't should sponsor art.
If is answered in the affirmative, then the standards of decency depend on the current state of the culture.
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