Mr. Speaker, I want to, first of all, thank my colleague from Missouri, Representative Clay, for his concern, for his courage, for standing up and speaking up to ensure that his constituents' and others' First Amendment rights are…
Mr. Speaker, I want to, first of all, thank my colleague from Missouri, Representative Clay, for his concern, for his courage, for standing up and speaking up to ensure that his constituents' and others' First Amendment rights are protected by this Congress, and for organizing this Special Order hour this evening.
I appreciate very much the opportunity to join Representative Clay, and I proudly stand with him and my other colleagues to speak in defense of the First Amendment rights afforded to citizens of the Constitution of the United States.
As the 12th District Representative from North Carolina, as a practicing professional artist and art educator, as a curator, as a retired 40-year college arts professor, I am pleased to join with Representative Clay in expressing my support for freedom of visual expression and creativity, especially when it comes to supporting talented young students.
I have learned through my professional arts education and management careers that, yes, the arts are nice, but, beyond being nice, they are absolutely necessary and essential in helping enrich our lives. The arts are unique to our being, and they are what make us human.
Artists connect the past to the present, they convey our unique experiences, and they are presented in many forms--sometimes familiar, other times unfamiliar. The arts are a universal language that speak to people everywhere to help them to understand diversity, cultures, and some of the most complicated of issues. Therefore, having the freedom to make art is essential to creative expression.
Freedom of expression is everyone's freedom. And our Founding Fathers enshrined the expressions of freedom of speech in all forms--in music, in written and spoken word, in theater, and through visual imagery and composition--in the Bill of Rights.
Under the First Amendment, all art forms and all artistic expressions are constitutionally protected. Our Founding Fathers who created our country and launched our Nation as the world's role model in democracy believed that freedom of speech and freedom of the press were important enough to guarantee protection in our country's
founding documents. If our Founding Fathers, the brightest minds of that generation, thought that artistic expression was important enough to protect in our Bill of Rights, then what right do we have to take this away and censor the artistic community?
The ACLU said: ``. . . a free society is based on the principle that each and every individual has the right to decide what art or entertainment he or she wants--or does not want--to receive or create. Once you allow the government to censor someone else, you cede to it the power to censor you, or something you like. Censorship is like poison gas: A powerful weapon that can harm you when the wind shifts.''
As a nation, we face many threats, both internally and externally. We are a Nation of diverse thought, diverse people, and strong diverse principles. However, when we stand by and allow our artistic community to be censored or allow threats to silence our press, we become our own greatest threat. And when we reject facts and censor artistic expression just because it makes us uncomfortable or because we don't like it, we are becoming the tyrants that our Founding Fathers risked their lives to protect and escape from.
So the question of what is appropriate art is not a new question. Since the beginning of our country, our citizens have wrestled with what to do when they are offended by a work or art in any form. Court case after court case has tested governmental censorship of artistic expression, and the Supreme Court has continued to uphold our founding principles of freedom of expression and speech.
In the 1931 case, Stromberg v. California, the Supreme Court ruled that symbolic speech is protected by the First Amendment. The ruling ensured that all art forms, music, paintings, plays, and other artistic expressions are protected by the First Amendment.
In the 1982 decision, the Board of Education v. Pico, the Supreme Court ruled that local school boards may not remove books from school library shelves simply because they disliked the ideas contained in those books. Like the removal of the books from libraries, the removal of Mr. Pulphus' painting was a blatant violation of his First Amendment rights.
The First Amendment guarantees that our government cannot make substantive decisions about the content of a work of art. Expression can only be limited if, and only if, that expression will cause direct and imminent harm such as yelling ``fire'' in a crowded theater.
Our government's role is not to censor but to ensure that artists are able to freely express themselves without fear of censorship. Our government did not protect this young man's First Amendment rights. Instead, it acted as a retroactive censor on his work.
Here is an example of our government making a decision based on content they disapproved of and preventing this work because of its subject and because some legislators weren't knowledgeable enough about it to understand it from being displayed in a public place.
Justice Louis Brandeis, in his defense of free speech, wrote:
It is hazardous to discourage thought and hope and
imagination; that fear breeds repression, and that repression
breeds hate, and that hate menaces stable government. The
path to safety lies in the opportunity to discuss freely
supposed grievances and proposed remedies.
Justice Brandeis' words were written in 1927, 90 years ago, almost a century, but they still echo true today. Censorship out of fear, out of misunderstanding or pain or dislike of a work is fundamentally anti- American and unconstitutional.
For more than 4 decades as a visual arts professor, I taught my students that you are going to see a lot of art throughout your lifetime. Some images you will like and some you won't especially like. And some will be disturbing and some confusing. But I reminded my students that their responsibility as viewers was to make every attempt to be able to say that you don't like it because you at least understand it.
Mr. Speaker, knowledge is power. Mr. Pulphus' work did not create direct or imminent harm, but his work did depict an uncomfortable reality that is pervasive across our country.
Unfortunately, violence is a way of life in many communities throughout America. As a matter of fact, it is too prevalent. But for this young man, violence in his community was a life that he knew most of his life. It was a life he was intrinsically as an artist compelled to visually talk about on his canvas.
As a matter of fact, he had a right to talk about it, and, in reality, he needed to talk about it. I admire him for his courage. As a teacher, I can tell you that, visually, his utilization of compositional elements and principles and forms showed an extraordinary talent.
In my estimation, we failed as viewers to do our part, and we didn't make an effort to really see, but we just merely looked at the work. But most especially, we didn't seize the opportunity to learn so that we could enhance our capacity to build and reinforce positive relationships in our community.
This painting offered us a chance to have a real conversation about race and police and community violence and institutional racism. But instead of seizing this opportunity, we have to continue to fight to protect this young artist's First Amendment rights.
Heated debate and discussion is the hallmark of our democracy. However, when arguments are censored, when the artists are told what they are able to produce, when expression is silenced, our democracy is then threatened.
And since this incident, as you have heard, the Congressional Institute has changed the rules for the Congressional Art Competition. Work submitted to the competition depicting contemporary political controversy or sensationalist or gruesome nature are not allowed.
But I am not here to criticize the work of the Congressional Institute, but as a professional artist myself, only to ask this question: What benefit can come from limiting our young artists from creating?
A democracy works when people stay engaged, when people participate. But by censoring what is in our public spaces, we are creating barriers for political discourse and we are creating fear of retaliation.
Artists are visual storytellers and we are entrusted with a unique responsibility to use the power of the arts to inform, to educate, and to empower our communities.
Noted African-American artist and scholar Dr. Samella Lewis of California said that ``African-American artists have a primary obligation to community, to understand, and to use the elements of their cultural heritage to produce an art that is diverse, reflecting our diverse interests, materials techniques, and to communicate those messages to the audiences we want to reach.''
Removing this young man's work was a degrading and insensitive action, which signaled to this young, aspiring, gifted student that his work is valueless, that his story is not worthy to be told. But most especially, it put into question the right and the responsibility that he has as an artist to express himself in visual imagery and symbolic competition.
It is not up to the government to decide what work has value or whose story should be told. The removal of Mr. Pulphus' work sets a dangerous precedent. Congress is now making content decisions on works displayed in the U.S. Capitol and is limiting what types of art will be exhibited. To some, this issue may not seem important, but the scope of the actions that have taken place in the U.S. Capitol is tremendous.
Just because somebody's sensibility is offended doesn't give that person the right to ban or censor a work. In fact, the First Amendment prevents that.
However, as this gross overreach of power in removing his work proves, just because the Constitution prevents something doesn't always mean that it won't happen. But it is our duty to hold our government responsible for protecting the sanctity of the Constitution and the Bill of Rights.
That is why I am honored, as a 40-year arts educator, as a member of the Congressional Art Caucus, and as a professional artist to join Representative Clay and all of my colleagues in speaking today about the importance of the First Amendment as it relates to the creative and the professional obligations and rights of the visual artist.