Hi Megan,
AFTA has signed onto an Amicus Brief regarding the removal of a student artwork in the Capital Building. The brief has several references that may be of use:
https://vlaa.org/wp-content/uploads/2018/01/PulphusAmicusBrief.pdf. Though not an identical issue, the information provided may help with your current inquiry.
If you want to learn more about this particular issue, check out this blog post by Nina Ozlu Tunceli, AFTA’s Chief Counsel of Government and Public Affairs & Executive Director,
Americans for the Arts Action Fund:
https://blog.americansforthearts.org/2018/01/18/americans-for-the-arts-joins-federal-amicus-brief-in-support-of-free-speech-rights-of-congressional
Best,
Patricia
Patricia Walsh, Public Art Programs Manager
Americans for the Arts
T: 202.371.2830 ext 2024
E: pwalsh@artsusa.org
W: www.AmericansForTheArts.org
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com]
On Behalf Of Megan Berner
Sent: Friday, February 02, 2018 1:40 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: First Amendment artist rights
Hi all,
I'm wondering if any of you have experience with First Amendment artists' rights--specifically in regards to city art galleries in city-owned, "public buildings" (for example, city hall).
We have a Public Art Committee that selects work from artist submissions to hang up in our galleries. We do not sell work from our galleries but we do promote our shows on social media and through email newsletters.
Right now, we are under scrutiny for jurying/curating the work in regards to whether it should be run as a lottery or open to anyone who wants to show work without a selection process. Is curating art for galleries in city-owned public buildings against First
Amendment free speech?
Have any other cities dealt with this? If so, what was the outcome?
Megan Berner
Public Art Program Coordinator
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