n 1999, the city-funded Brooklyn Museum of Art came under fire when it exhibited a Chris Ofili painting of the Virgin Mary that featured sexually explicit cutouts covered with elephant dung. The Catholic Church, as well as New York City Mayor Rudolph Giuliani, were outraged. Giuliani denounced the exhibit as morally offensive and threatened to cut off funding to the museum and terminate its lease if it did not cancel the exhibit that included Ofili’s painting. The city followed through and withheld the museum’s rent payment for October and filed a state lawsuit to get the lease revoked.
As a countermeasure, the museum filed a suit in federal court against the city claiming violations of the first ammendment, and seeking a permanent injunction against the city to keep it from withholding funds. U.S. District Judge Nina Gershon, sided with the museum, and granted them a preliminary injunction. The city was also ordered to resume the museum’s funding, and to stop any eviction proceedings.
Yes. We threaten to cut off funding.
They threaten to cut off heads.
They get their way; we don’t.