Helms Got Congress to Pass Legislation Over Obscene or Indecent Art

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July 27, 1989

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Brushing aside objections that Congress should not be deciding what is art or who is an artist, the Senate voted today to bar the National Endowment for the Arts from supporting ''obscene or indecent'' piece of work and to cutting off Federal funds to 2 arts groups because they supported exhibitions of work by 2 provocative photographers.

In a voice vote, the Senate canonical restrictions proposed by Senator Jesse Helms, Republican of Northward Carolina, that would bar Federal arts funds from being used to ''promote, disseminate or produce obscene or indecent materials, including but non limited to depictions of sadomasochism, homoeroticism, the exploitation of children, or individuals engaged in sex acts; or cloth which denigrates the objects or behavior of the adherents of a particular religion or nonreligion.''

The measure would besides bar grants for artwork that ''denigrates, debases or reviles a person, group or grade of citizens on the basis of race, creed, sex, handicap, age or national origin.'' Arts Groups React

Spokesmen for arts organizations, including the ii cited in today'due south legislation - the Institute for Contemporary Art at the University of Pennsylvania and the Southeastern Center for Contemporary Fine art in Winston-Salem, North.C. - said they were appalled by the action, which they described as the outset fourth dimension that Congress had tried to interfere directly in granting money to individual arts groups.

The officials said the endowment and the groups it supported had faithfully followed the grant-making organization approved past Congress. In the system, known as peer review, members of the arts community pass on grant applications in their respective fields.

Merely Senator Helms said on the floor of the Senate, ''No artist has a pre-emptive merits on the taxation dollars of the American people to put forward such trash.'' 'I Remember He Was a Jerk'

Referring to ane work, Mr. Helms said: ''I don't even acknowledge the young man who did information technology was an artist. I think he was a wiggle.''

''We're gradually budgeted more and more the Congress telling the art world what is art,'' replied Senator Howard Thousand. Metzenbaum, Democrat of Ohio, one of only ii Senators to speak on the floor today confronting the measure. The other, Senator John H. Chaffee, Republican of Rhode Isle, said, ''We're getting into a glace expanse hither.''

The Senate's measure was far more astringent than one canonical a few weeks ago past the House of Representatives. Supporters of the endowment said they were optimistic that the Senate deportment could be reversed in conference betwixt the House and Senate.

Both Houses were reacting to the political storm prompted by the works of Andres Serrano and the late Robert Mapplethorpe, whose exhbitions were supported by arts groups that received funds from the endowment. A work by of Mr. Serrano depicted a plastic crucifix submerged in the creative person'due south urine; several of Mr. Mapplethorpe's photographs, currently on exhibit here in Washington, depict homoerotic scenes.

The leadership in the Firm deflected the political outrage against these works by voting a monetary slap on the wrist, cutting from the endowment's almanac $171 million budget the $45,000 that had been granted to support exhibitions of Serrano and Mapplethorpe works. In a Small Corner of a Beak

But the Senate went significantly farther today. The activity was included in a small corner of a bill appropriating $x.9 billion for the Interior Section and some other agencies, including the arts endowment.

The Senate version included language barring grants for the next five years to the two arts groups that supported the Serrano and Mapplethorpe exhibitions. A spokesman for the endowment estimated that the Winston-Salem grouping had received $759,400 during the concluding five fiscal years and that the Institute for Contemporary Art had received $585,000 in the last 3 financial years.

The Senate accepted the $45,000 cut the House had made. Just it added a specific change with greater affect, cut the amount the endowment could grant for support of visual arts by $400,000 and increasing the amount for local projects and folk art past $200,000 each.

All the actions were in the appropriations bill as it arrived on the floor from the Appropriations Commission, which had approved the measures without debate. Supporters of the arts customs in the Senate decided against making an issue of these measures on the floor, saying they feared that debate would but make matters worse. They said their all-time hope was a fight to strike the Senate measures in the conference committee. Approved on a Voice Vote

The issue was brought up on the floor today but considering Senator Helms rose with his amendment barring Federal fine art funds from being used to support ''obscene or indecent'' work.

Several hours after Mr. Helms'southward amendment was adopted, Senator Daniel Patrick Moynihan, Democrat of New York, rose to announce that he would vote confronting the unabridged appropriations measure because information technology singled out two specific groups for a cutoff of funds.

''Practise we really want it to be recorded that the Senate of the United States is so insensible to the traditions of freedom in our state, and then fearful of what is different and new and intentionally disturbing, so anxious to record our timidity that we would sanction institutions for acting precisely as they are meant to human activity? Which is to say, art institutions supporting artists and exhibiting their work.''

Mr. Moynihan said in his statement that he was aware that the manager of the pecker, Senator Robert Byrd, Democrat of Westward Virginia, did non back up the actions against the endowment and would allow them to be struck in briefing. ''Still, the event needs to be protested,'' Mr. Moynihan said. Shakespeare and 'Richard III'

''The amendment as adopted by the U.s.a. Senate would be found unconstitutional,'' said Anne Potato, executive director of the American Arts Brotherhood. If it were applied, she said, ''we certainly couldn't produce almost of Shakespeare, certainly non 'Richard III.'

''You couldn't have any anti-Communist art,'' Ms. Murphy said. ''I'd guess the Senator is proverb the Metropolitan Museum of Art, which receives taxpayer dollars, should take down all religious art.''

Ms. Potato said she was confident that both Mr. Helms's amendment and the cutback of funds to the two arts groups could exist reversed in the Senate-House conference.

Spokesman for the two affected arts groups expressed anger at the Senate activeness, still. ''It is clearly a punitive reaction to a state of affairs that has aught to practise with I.C.A.,'' said Nancy Burd, the manager of evolution for the Institute of Contemporary Art. The establish helped pay for the Mapplethorpe exhibition at present on view at the Washington Project for the Arts. Reviewing the Process

Ms. Burd said the institute had followed the endowment's peer-review process. ''We went through that application process, and did everything we were supposed to do,'' she said. ''I call up a more appropriate response is to review that process.'' The Senate measure, in fact, includes $100,000 for the endowment to engage an outside consultant to review its grant-making procedure.

Ted Potter, the executive director of the Southeastern Centre for Contemporary Art, which supported Mr. Serrano's piece of work, said: ''I hope we will be able to rally the support of the arts community, and bring about a serious dialogue that will result in a solution to this trouble when they encounter in conference. It is an issue of corking concern to the American arts community.''

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Source: https://www.nytimes.com/1989/07/27/arts/senate-votes-to-bar-us-support-of-obscene-or-indecent-artwork.html

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