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Category: Censorship

law.arts.culture » Freedom to Read Week [in Canada]

22 February, 2011
| No Comments
| Censorship, General

It’s Freedom to Read Week in Canada, an annual event organized by the Freedom of Expression Committee of the Book and Periodical Council, “that encourages Canadians to think about and reaffirm their commitment to intellectual freedom, which is guaranteed them under the Charter of Rights and Freedoms.”

via lawartscult.osgoode.yorku.ca
…

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Government funding of the Arts in 60 (5) Duke Law Journal Volume (2011) via Concurring Opinions

7 February, 2011
| No Comments
| Censorship, General

“There Is Something Unique … about the Government Funding of the Arts for First Amendment Purposes”: An Institutional Approach to Granting Government Entities Free Speech Rights (pdf)

Leslie Cooper Mahaffey

Abstract:The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens’ expression from government censorship. In the modern era, however, the government’s pervasive presence—especially in the role of funder of private activity—has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine—which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication—has been the Supreme Court’s guidepost of late when the Court has been confronted with a case involving expression with both private and public elements.

via concurringopinions.com

This is an important article addressing the legal issues in my post on Cearta on whether galleries and museums should display offensive art and my two follow-up posterous posts here and here. The wonderful blog, Despatches from the Frontline of Popular Culture, has an excellent post on the

news of the National Portrait Gallery in Washington pulling an exhibit from the Hide/Seek exhibition. Over 18s can watch the video in question, A Fire in my Belly, here.

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Smithsonian Chief Defends Withdrawal of Video – NYTimes.com

19 January, 2011
| No Comments
| Censorship, General
G. Wayne Clough

The top official of the Smithsonian, G. Wayne Clough, who has been sharply criticized for his decision late last year to remove a video from an exhibition at the National Portrait Gallery, defended that decision in a telephone interview on Tuesday morning. He said it was in the interest of protecting the exhibition as a whole, as well as protecting the Smithsonian’s larger educational mission and its ability to make a strong case to Congress for federal support.

He called the decision “painful” and acknowledged that he wished he had taken more time and consulted with more art museum directors within the Smithsonian. But “in the interest of that exhibition and this institution and its legacy and maintaining it in the strongest possible position, I think I made the right decision — in that context,” he said. “I’ll let the art world debate it in another context.”

via artsbeat.blogs.nytimes.com

This is a follow-up to my blogpost Should galleries and museums display offensive art?

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Whitewashing the Art World: What’s Behind the Climate of Censorship « Clancco

16 January, 2011
| No Comments
| Censorship, General

Whitewashing the Art World: What’s Behind the Climate of Censorship

January 11th, 2011 in Constitutional / Feature / Free Speech / Nonprofit

 

The New York Observer’s Alexandra Peers tackles the issues of censorship and silencing that seems to be pervasive in her article, Whitewashing the Art World: What’s Behind the Climate of Censorship.

The art world has a reputation as free-thinking and tolerant, if not overly so. But in recent weeks, there have been several instances, far more than usual, of alleged censorship involving some of the bigger names in the field. What’s going on?

Charles Gaines has also written about this very same issue, and so have I.

What is going on?

via clancco.com

 

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‘The Adventures of Huckleberry Finn’ – Removing the N Word from Huck Finn: Top 10 Censored Books – TIME

7 January, 2011
| No Comments
| Censorship, General

The Adventures of Huckleberry Finn

By Mark Twain

In 1885, the Concord Public Library in Massachusetts banned the year-old book for its “coarse language” — critics deemed Mark Twain’s use of common vernacular (slang) as demeaning and damaging. A reviewer dubbed it “the veriest trash … more suited to the slums than to intelligent, respectable people.” Little Women author Louisa May Alcott lashed out publicly at Twain, saying, “If Mr. Clemens [Twain’s original name] cannot think of something better to tell our pure-minded lads and lasses he had best stop writing for them.” (That the N word appears more than 200 times throughout the book did not initially cause much controversy.) In 1905, the Brooklyn Public Library in New York followed Concord’s lead, banishing the book from the building’s juvenile section with this explanation: “Huck not only itched but scratched, and that he said sweat when he should have said perspiration.” Twain enthusiastically fired back, and once said of his detractors: “Censorship is telling a man he can’t have a steak just because a baby can’t chew it.” Luckily for him, the book’s fans would eventually outnumber its critics. “It’s the best book we’ve had,” Ernest Hemingway proclaimed. “All American writing comes from that.

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Should galleries and museums display offensive art?

7 January, 20111 January, 2012
| 4 Comments
| Blasphemy, Censorship, Cinema, television and theatre, James Joyce

'The Death of American Spirituality' by David Wojnarowicz (1987) from the collection of John Carlin and Renee Dossick, via the Queer Arts siteI have on this blog regularly discussed the extent to which offensive speech can be restricted. For example, there are many (many) posts on this blog on censorship and blasphemy. Furthermore, I have referred to the censorship of Guillaume Apollinaire (here and here), Carolina Gustavsson, Aldous Huxley, DH Lawrence (here, here and here), James Joyce, John Latham, Robert Mapplethorpe and Vladimir Nabokov. Moreover, I have analysed the kinds of reasons why this kind of speech should not be censored: free speech means freedom for the thought we hate, even that of David Irving (eg, here, here, here, and here), Jean-Marie le Pen, or Kevin Myers, and even – especially! – in multi-cultural societies, especially – especially!! – online.

I was reminded of all of this by two recent blogposts. …

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Robert A. Kahn on “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada” « The Trial Warrior Blog

7 January, 2011
| No Comments
| Censorship, General

Robert A. Kahn on “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada”

By Antonin I. Pribetic

Robert A. Kahn  (University of St. Thomas School of Law (Minnesota)) has posted “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada” on SSRN. Here’s the abstract:

Why would anyone prosecute the Danish Cartoons? Even as North Americans and Europeans debated whether the cartoons should have been commissioned by the Jyllands Posten or republished elsewhere, most agreed that prosecutions were totally out of line in a liberal Western state. And, yet, there were prosecutions in both France and Canada. While each prosecution ultimately failed from a legal perspective, both cases also operated on the level of symbolic politics. Here the results were mixed. While the Muslim groups that sued Charlie Hebdo won a partial victory when a French court conceded that the turban cartoon was, standing alone, offensive to Muslims, the Canadian Human Rights prosecution against Ezra Levant ended with the entire system of human rights proceedings on trial. This paper tells the story of these two cases.

via thetrialwarrior.com

 

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Harvard University Press Blog : Addressing the Internet’s Dark Side

7 January, 2011
| No Comments
| Censorship, General, Privacy

A central paradox of the Internet as we know it is that there’s no privacy unless you’re there to invade someone else’s. Indeed, while living our lives online has effectively signaled the end of privacy for people as subjects, it provides a veil of anonymity for anyone who wants to use it. The Internet lets people bully, badmouth, berate, and spread misinformation without having to show their faces or sign their names. The resulting effects of the Internet on speech, privacy, and reputation are the subjects of The Offensive Internet, a new collection of essays edited by Saul Levmore, William B. Graham Professor of Law at the University of Chicago Law School, and Martha C. Nussbaum, Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago.

From the book’s introduction, written by Levmore and Nussbaum:

“The speed with which reputations can be made and altered is just one way in which the Internet has changed everything. It surely is the case that most of the changes are for the better but, sadly, the Internet is a curse when one is the subject of negative information, whether self-presented, and then indelible, or communicated by others. And yet the Internet has changed nothing, which is to say it has returned us to the world of the village.”

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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