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Jessica Jones Irons, executive director of the National Humanities Alliance (NHA), emailed the following Humanities Action Alert on April 8, 2011. Founded in 1981, NHA is a nonprofit organization that works to advance national humanities policy in the areas of research, education, preservation, and public programs.

House and Senate Dear Colleague Letters

Please help support the humanities by taking a few minutes to write your Members of Congress and ask them to sign a Dear Colleague letter regarding FY 2012 funding for the National Endowment for the Humanities. As you may know, President Obama’s FY 2012 Budget proposes $146.3 million in funding for NEH—more than $21 million in cuts to the agency. Although funding for FY 2011 (the current fiscal year) still remains uncertain today, the FY 2012 appropriations process is in full swing, and we must continue our advocacy efforts for the next fiscal year.

House Dear Colleague Letter
Representative David Price (D-NC) is currently circulating a Dear Colleague letter in support of the National Endowment for the Humanities (NEH). The letter, addressed to the Chair and Ranking Member of the House Appropriations Subcommittee, requests $167.5 million in FY 2012 funding for the NEH. This is the same level of funding the agency received in FY 2010. A copy of the letter is available here. Please ask your Representative to sign on to this letter. Click here to send an email today. The Alliance has set up a template message for you to customize for your Representative.

Senate Dear Colleague Letter
Senator Tom Udall (D-NM) is currently circulating a Dear Colleague letter in support of the National Endowment for the Humanities (NEH) and the National Endowment for the Arts (NEA). The letter, addressed to leaders on the Senate Appropriations Committee and Subcommittee, requests $167.5 million in FY 2012 funding for the NEH and the NEA. This is the same level of funding both agencies received in FY 2010. A copy of the letter is available here. Please ask your Senators to sign on to this letter. Click here to send an email today. The Alliance has set up a template message for you to customize for your Senators.

Thank you for your assistance on this important issue. The signatures on these letters will provide an important record of support for federal humanities funding in both the House and the Senate.

Sincerely,

Jessica Jones Irons
Executive Director
National Humanities Alliance

CAA sent the following letter regarding the Chinese artist Ai Weiwei to the editor of the New York Times on Friday, April 8, 2011. Read more about the international art community’s response at CultureGrrl.

Letter to the Editor

To the Editor:

The College Art Association, the world’s largest organization of visual arts professionals, is extremely concerned about the fate of Ai Weiwei since he was taken into police custody when attempting to board a plane to Hong Kong on April 3rd. He has not been accused of specific crimes.

We are deeply alarmed that Ai would be subject to such extreme methods of repression because of his unfettered work and outspokenness. Ai’s work has garnered international accolades, recognized as an indication of the vitality of the visual arts in China. He is well known in art circles in New York, where he lived for a number of years, and his choice to return to Beijing was seen as part of the renewal of the arts in China.

The College Art Association supports freedom of expression for all artists and looks forward to Ai’s prompt release.

Sincerely,

Barbara Nesin, MFA
President, College Art Association

At Arts Advocacy Day 2011, CAA representatives from five states—Connecticut, Georgia, Pennsylvania, New York and Texas—will meet congressional staff to advocate for the visual arts in higher education. Organized by Americans for the Arts, of which CAA is a member institution, the annual event will take place April 4–5, 2011, in Washington, DC. CAA delegates will address the following issues of critical importance and invite you to register and get involved.

As the leading association in the world that represents professional visual-arts practitioners, CAA endorses government support of creativity and innovation that has made this country great.

CAA seeks support for artists and art historians who work in colleges, universities, and art museums, as well as for independent artists and scholars. The federal government must support professionals in the visual arts like it does for practitioners and scholars in other arts, such as dance and music. The professional practice, study, and teaching of the visual arts deserve further support because of the power these disciplines have to educate, inspire, and stimulate independent thinking.

CAA also believes that public and private partnerships should expand not only between schools and communities but also among the academic community in colleges, universities, and art schools.

CAA fully endorses the creation of an art corps comprising professionally educated artists and art historians who will work with students in urban schools on community-based projects, raising an awareness of the importance of creativity and professional artists. CAA also encourages government-sponsored projects such as Americorps and Vista to emphasize the visual arts. Young artists are eager to work on environmental programs that involve community-organized design projects such as, for example, mine-reclamation endeavors in which community recreation centers are established near cleaning pools for toxic mine runoff to help redevelopment the land.

CAA would like to emphasize that, in order to champion publicly the importance of arts education, America must support the preparation of artists and art historians who teach on a primary, secondary, and college/university level. The visual arts are integral to core curricula in each grade and at every stage of education.

CAA fully supports increased funding for the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute for Library and Museum Services. Specifically, professional artists must supported on individual bases. CAA strongly recommends that the NEA reinstate Individual Artist Fellowships, so that visual artists can pursue and develop their work. Similar grants in other areas of the arts and humanities far exceed federal and private foundation grants to professional visual artists, who are often forced to abandon their own work to support themselves and their families. Professional artists desperately need government support.

CAA supports legislation to change tax laws for artists. The organization has worked hard—and will continue to work hard—to support the Artist-Museum Partnership Act, first introduced by Senator Patrick Leahy (D-VT) in 2005. The proposed act would amend the Internal Revenue Code to allow artists to deduct the fair market value of their work, rather than just the costs of materials, when they make charitable contributions. Not only has the current tax laws been harmful to artists, the creative legacy of a whole generation of American visual artists has been lost.

In addition, CAA supports legislation that would allow scholars to publish so-called orphan works, which are copyrighted works—such as books, pictures, music, recordings, or films—whose copyright owners cannot be identified or located. The House of Representatives and Senate has previously introduced orphan-works bills, and CAA hopes Congress will pass one in the coming session. The lack of clear laws and procedures regarding the issue has prevented many art historians from publishing orphan works, causing a great detriment to scholarly publishing and research.

CAA supports cultural diplomacy by enhancing international opportunities, through agencies such as the United States Information Agency, for professional visual artists and art historians to exhibit, teach, research, and lecture. CAA’s international membership testifies to the promotion of cultural understanding that occurs through international cultural exchange. Every year CAA seeks funding to support the travel of international art historians and artists to our Annual Conference. Current Homeland Security laws and a lack of government funding make it difficult for foreign art historians and artists to present their work and research at conferences, symposia, and exhibitions. CAA endorses streamlining the visa process and providing government support for international exchanges of graduate students and professional artists and art historians.

CAA supports providing healthcare to independent artists and scholars—a major concern for those professionals who are not associated with a college, university, or art museum and who attempt to work on their own to support themselves. Each state creates its own health-insurance legislation, and thus differences in laws regulating insurance companies prohibit professional organizations such as CAA from offering national healthcare coverage.

The Institute of Museum Ethics at Seton Hall and the Institute of Ethical Leadership at Rutgers Business School will hold “Hide/Seek: Museums, Ethics, and the Press,” a public conversation about current ethical challenges in the field, on Saturday, April 9, 2011. Registration begins at 9:30 AM, and the conference takes place 10:00 AM–4:00 PM. Lunch will be served.

Participants will examine the controversy surrounding the recent National Portrait Gallery exhibition Hide/Seek: Difference and Desire in American Portraiture, highlighting the ethical issues involved, discussing the role of print and electronic media and other instances where museums’ ethical practices are interrogated, and exploring related issues such as artists’ rights.

Rutgers University in Newark is the host: 190 University Ave, Newark, NJ. Registration is free, but space is limited. Visit the conference website for more details and to register.

In response to the possible sale of Jackson Pollock’s Mural (1943) by the University of Iowa and the state legislature, Barbara Nesin, president of the CAA Board of Directors, and Linda Downs, executive director, sent the following letter to editor of the Des Moines Register. While the newspaper did not publish this missive, it did print a letter from Paul B. Jaskot, a professor at DePaul University and CAA president from 2008 to 2010, on February 20. The next day, Jason Clayworth reported that the idea to sell the painting died in legislature.

Letter to the Editor

February 17, 2011

To the Editor
The Des Moines Register

When Peggy Guggenheim donated Jackson Pollock’s “Mural” to the University of Iowa in 1951 she was not donating the cash equivalent of the painting’s value. She was giving the University and the state of Iowa an iconic American painting. The purpose of the gift was to enrich the present and future members of the University community, and to benefit the citizens of Iowa as well as all Americans.

I am writing on behalf of the College Art Association, the nation’s premier visual rights organization, with 16,000 members—artists, art historians, other visual arts professionals and institutions across the country. It would be a major mistake for the Iowa Legislature to pass House Study Bill 84, which would compel the University’s Board of Regents to sell an irreplaceable part of the state’s patrimony.

As teachers, students and arts professionals, we acknowledge the urgent financial situation facing the University, and we note that the bill proposes that any funds earned be used to support scholarships for art majors. Any sale of “Mural,” however, would violate broadly accepted professional museum standards. More importantly, it would rob all Iowans of a remarkable painting, which was intended for them to enjoy and appreciate—in Iowa. We are hopeful that the legislature will reject the bill, to keep the painting in Iowa, where it rightly belongs.

Sincerely,

Barbara Nesin, MFA
President, College Art Association


Linda Downs
Executive Director, College Art Association

Because fifty-one new members of the United States Congress may be unfamiliar with the important contributions made by the visual arts, the humanities, and museums in their communities, now is a crucial time to join the advocacy efforts of your peers, visit the offices of your federal representatives, and make your voice heard.

Join members of the CAA staff and Board of Directors at three upcoming advocacy events in Washington, DC: Museums Advocacy Day (February 28–March 1); Humanities Advocacy Day (March 7–8); and Arts Advocacy Day (April 4–5).

On the first day of each event, advocates receive training on how best to present a concise, compelling message to congressional leaders. On the following day, advocates gather by state and make personal visits to their senators and representatives on Capitol Hill to address the specific needs, interests, and contributions of their constituents—that is to say, you, your friends and colleagues, and your schools and museums.

The nineteen new senators and thirty-two new representatives (PDF) must be updated on the crucial activities in the arts in their respective states and districts. The most effective educational tool is for advocates to meet their members of Congress and administrative staffs in person. Every state needs representation. CAA urges you to sign up today!

The Executive Committee of the CAA Board of Directors adopted the following statement on December 7, 2010. At the bottom of the page is information about a special session at the upcoming CAA Annual Conference, chaired by Jonathan Katz, a scholar and the cocurator of Hide/Seek.

CAA Statement

The College Art Association regrets the removal of David Wojnarowicz’s A Fire in My Belly (1987) from the exhibition Hide/Seek: Difference and Desire in American Portraiture, on display at the National Portrait Gallery. It was taken out on November 30 by G. Wayne Clough, Secretary of the Smithsonian Institution, in response to outside pressure. CAA further expresses profound disappointment that the House speaker–designate, John A. Boehner of Ohio, and the incoming majority leader, Eric Cantor of Virginia, have used their positions to question future funding for the Smithsonian Institution.

CAA applauds the National Portrait Gallery for its groundbreaking exhibition, which presents the long-suppressed subject of same-sex orientation. Furthermore, CAA commends the thorough, pioneering scholarship and the challenging curatorial judgment made by the organizers of Hide/Seek—David C. Ward, a historian at the museum, and Jonathan Katz, director of the Visual Studies Doctoral Program at the University at Buffalo, State University of New York. That the work of everyone involved has been heedlessly compromised is deeply troubling. The pressure brought to bear on the National Portrait Gallery and the Smithsonian sounds a familiar note from 1989, when direct federal funding to artists was ended due to political pressure. Then as now, CAA strongly protests such tactics.

Government has a long tradition of supporting universities, museums, and libraries—institutions that have produced research that expresses a variety of positions on all subjects. Freedom of expression is one of the great strengths of American democracy and one that our country holds up as a model for emerging democracies elsewhere. Americans understand that ideas expressed in books and artworks are those of their makers, not of the institutions that house them, and certainly do not represent public policy.

CAA urges all members to let your senators and representatives know of your support for the exhibition, its curators, and the National Portrait Gallery. You may also use advocacy tools provided by the National Humanities Alliance or Americans for the Arts.

Special Conference Session

This week CAA invited Jonathan Katz, cocurator of Hide/Seek, to chair a special Centennial session at the 2011 Annual Conference in New York. He will present “Against Acknowledgement: Sexuality and the Instrumentalization of Knowledge” on Wednesday, February 9, 2011, 9:30 AM–NOON in the Rendezvous Trianon Room at the Hilton New York. Please check the conference website soon for a list of panelists, their institutional affiliations, and topics of discussion.

In the past week, numerous art and museum associations, advocacy groups, nonprofit and commercial galleries, art critics, and newspapers have spoken out against the removal of an artwork by David Wojnarowicz that was on view in an exhibition at the National Portrait Gallery. CAA is compiling a list of organizations, companies, and people who have published official statements, editorials, and letters to the editor.

Organizations

Critics, Journalists, Scholars, and Curators

Museums and Galleries

Press and Publishing

Social Networking and Web Resources

The above list will be cumulative. If you would like to send CAA a link to an official or organizational statement, please write to Christopher Howard, CAA managing editor.

On November 30, G. Wayne Clough, secretary of the Smithsonian Institution, ordered the removal of David Wojnarowicz’s A Fire in My Belly (1987) from display at the National Portrait Gallery. In addition, incoming Republican leaders in Congress urged that the entire exhibition, Hide/Seek: Difference and Desire in American Portraiture, be closed. Thankfully this did not happen.

Our government clearly needs to hear from you. At this critical time of federal budget planning—when sufficient funding for the Smithsonian museums may be in doubt—it is crucial that you let Capitol Hill know about your support for the visual arts, humanities, and art museums. CAA encourages you to register and take part in three upcoming events this winter and spring in Washington, DC: Museums Advocacy Day, Humanities Advocacy Day, and Arts Advocacy Day. At each, participants meet their senators and representatives in person to advocate for increased federal support of the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute for Museum and Library Services.

Previous lobbying experience isn’t necessary. Training sessions and practice talks take place the day before the main events—that’s why, for example, Arts Advocacy Day is actually two days, not one. Participants are also prepped on the critical issues and the range of funding requested of Congress to support these federal agencies. It is at these training sessions where you meet—and network with—other advocates from your states. The main sponsoring organization for each event makes congressional appointments for you.

You may have mailed a letter or sent a prewritten email to your congressperson or senator before, but legislators have an algorithm of interest for pressing issues, in which a personal visit tops all other forms of communication. As citizen lobbyists, it’s also important to have a few specific examples about how arts funding has affected you: don’t be afraid to name-drop major cultural institutions—such as your city’s best-known museum or nonprofit art center—in your examples of why the visual arts matter in your state.

If you cannot attend the three advocacy days in person, please send an email or fax to your representatives expressing your concern about continued and increased funding for the visual arts. If you don’t know your representative or senators, you can look them up at www.congress.org.

Museums Advocacy Day

The American Association of Museums (AAM) leads Museums Advocacy Day, taking place February 28–March 1, 2011, with support from numerous other nonprofit organizations. AAM is developing the legislative agenda for this year’s event. Likely issues will include federal funding for museums, museums and federal education policy, and charitable giving issues affecting museums. The entire museum field is welcome to participate: staff, volunteers, trustees, students, and even museum enthusiasts. Museums Advocacy Day is the ideal chance for new and seasoned advocates to network with museum professionals from their state and to meet staff in congressional offices. Register online now.

Humanities Advocacy Day

The National Humanities Alliance (NHA) sponsors Humanities Advocacy Day, to be held March 7–8, 2011, in conjunction with its annual meeting. Scholars, higher education and association leaders, and policy makers will convene first at George Washington University for the conference and then on Capitol Hill for congressional visits and a reception. The preliminary program includes NHA’s annual business meeting for voting members, commentary on the postelection landscape, discussion of humanities funding and other policy issues, a luncheon and keynote address, and presentations of current work in the humanities. Learn more about registration.

Arts Advocacy Day

To be held April 4–5, 2011, Arts Advocacy Day is the only national event that brings together America’s cultural and civic organizations with hundreds of grassroots advocates, all of whom will underscore the importance of developing strong public policies and appropriating increased public funding for the arts. Sponsored by Americans for the Arts, the event starts at the Omni Shoreham Hotel on the first day, before advocates head to Capitol Hill on the second. Registration is open now.

CAA joined with artists and other arts-support organizations in filing an amicus brief asking the US Supreme Court to grant a petition to review a case involving an artwork removed from public view in San Marcos, Texas. In that case, Kleinman v. City of San Marcos, the US Court of Appeals for the Fifth Circuit held that the First Amendment only protects “great” works of art.

The brief explains how this new, “great” art standard is inconsistent with the First Amendment and would give governments the ability to ban disfavored art and contemporary art that has not yet become iconic. It points out that whether art is “great” art is not susceptible to an objective, value-neutral determination, but would require courts to act as art critics based on expert evidence of what constitutes “greatness” in art. The brief also highlights a number of examples of artists and art whose work was not initially regarded as “great,” but only became so over time. For all of these reasons, the brief argues, the new and unprecedented “great” art standard of the Fifth Circuit is troubling, and the Supreme Court should review and reverse the appellate decision.

Background

In the city of San Marcos, Texas, participants at a charity event for the opening of a store, Planet K, were invited to smash up an old car. The car was then converted into a cactus planter and painted on the exterior by two local artists, with scenes from San Marcos, abstract designs, and the phrase “Make Love, Not War.” The stated intention of one of the petitioners, Michael Kleinman, organizer of the event and owner of the store, was always to turn the wrecked car into an artwork. The resulting artwork was displayed on private property (the Planet K parking lot) and was easily visible to the public from thoroughfares.

A San Marcos ordinance prohibits, as a public nuisance, any display of a “junked vehicle” that can been seen by the public. Based on the First Amendment—that their artwork is protected speech—Kleinman and the artists sued the city, to enjoin it from applying the ordinance to their artwork. The US District Court for the Western District of Texas found for the city. The court held that the ordinance did not violate the First Amendment, as applied to plaintiffs’ artwork, because they had alternative avenues of communicating their message.

This past February, the Fifth Circuit affirmed that decision. It first questioned whether the wrecked car/planter/artwork could be considered constitutionally protected expression. In particular, the appeals court read a prior Supreme Court decision to indicate that the First Amendment protects only “great” works of art, and that the Supreme Court has not otherwise set out the First Amendment framework to be applied to visual works of art. The Fifth Circuit also went on to hold that even if the First Amendment did apply in this case, under prevailing standards the city’s nuisance law could apply to the artwork. After the decision of the Fifth Circuit, the city seized and removed—but has not yet destroyed—the artwork.

The artists filed a petition for certiorari to the Supreme Court, requesting that the court review the decision of the Fifth Circuit. There are several grounds for the petition, one of which is that “great art” should not be the test for whether an artwork is protected by the First Amendment.

First Amendment protection for works of art has long been a core concern of CAA and important to its advocacy program. In the last Supreme Court term, CAA joined the National Coalition Against Censorship in filing an amicus brief in the case of United States v. Stevens. In that case, the Supreme Court ultimately held, 8–0, that the federal statute criminalizing depictions of animal cruelty violated the First Amendment, agreeing with the position taken by CAA in its brief. Earlier, CAA joined an amicus brief in the NEA Four case (National Endowment for the Arts v. Finley), in which the Supreme Court ultimately held, in 1998, that it was not unconstitutional for Congress to mandate that the National Endowment for the Arts take into account “general standards of decency and respect for the diverse beliefs and values of the American public” when funding artists.

Other Signers to the Brief

The amicus brief to which CAA is a party was filed on July 8, 2010. The other signers are: Texas Accountants and Lawyers for the Arts; Volunteer Lawyers and Professionals for the Arts (formerly Tennessee Volunteer Lawyers for the Arts); Northwest Lawyers and Artists (Portland, Oregon); Comic Book Legal Defense Fund; ArtCar Fest; the artist historian Douglas Nickel; and artists Butch Hancock, Kelly Lyles, Leo Aston, Alan Pogue, Jan D. Elftman, Philo Northrup, Harrod Blank, Emily Duffy, and Graydon Parrish.

Downloads

Download a PDF of the Kleinman amicus brief. A second PDF contains the petition for certiorari, the District Court and Fifth Circuit opinions, and, at the end of the file, photographs of the artwork in question.