THE AMERICAN CIVIL LIBERTIES UNION

ARTS CENSORSHIP PROJECT NEWSLETTER

Vol. 4, No. 2, Spring 1995

Censorship News From ACLU Affiliates

Northern California. In February, ACLU cooperating attorney Neil Shapiro argued before the California Court of Appeal that the Tulare High School Board violated the state Education Code three years ago when it censored a student-produced video called Melancholianne. The video, a yearly project of students in the film arts class at Valley High School in Visalia, was designed to discourage teen pregnancy. School officials ordered the students to delete profanity in some of the dialogue; the students refused because they felt that in order for the film to be convincing, the teenage characters had to act and speak as teenagers do in real life. The school board then barred the students from showing Melancholianne. The ACLU-NC's lawsuit followed in June 1992.

The ACLU obtained a preliminary injunction enabling the students to show the video and enter it in a statewide competition where it won first prize in its category. However, when the case came before a different judge on the parties' cross motions for summary judgment, he ruled that the school administrators were within their rights in censoring the film. A decision on the ACLU-NC's appeal is expected later this year.

Eastern Missouri. The ACLU of Eastern Missouri won a victory for artists' rights in December when it persuaded the City of St. Peters to rescind a "no-nudes" policy for exhibits at the city's cultural center. ACLU cooperating attorney Robert Herman represented artist Michael Julian, whose stylized painting of a crouching, contemplative nude male (rear view) had been rejected from the city's art competition because of the no-nudes policy.

Texas. The ACLU of Texas is preparing to file suit against the City of Weslaco for firing its librarian, Pam Antonelli, after she ordered a copy of Howard Stern's Private Parts for the library. Antonelli and a supportive Stern appeared recently, with Texas ACLU Director Jay Jacobsen, on the Phil Donahue Show.

Washington Like many states, Washington is now facing new, restrictive legislative banning sale or display to persons under 18 of movies, books, music, or other artistic works deemed "harmful to minors." The ACLU of Washington is working with booksellers, librarians, musicians, and other members of the arts commuity to mobilize opposition to the bills. An ACLU-W representative spoke at an anti-censorship rally at the state capitol in Olympia in February, and the ACLU-W is distributing anti-censorship flyers at bookstores and galleries. Freedom of expression advocates are arguing that decisions about what minors may view or hear should be left to families, not government officials.