The Volokh Conspiracy

Penn State Art Exhibit Censorship Update:

Josh Stulman, the student whose "Portrait of Terror" art exhibit was censored last Spring (as blogged in detail here), is suing Penn State for violating his First Amendment rights. The lawsuit asks that the university host the exhibit at its cost. Stulman is also suing Prof. Charles Garoian, the professor who, after proclaiming his opposition to censorship of art in a series of articles, censored Stulman's exhibit, for defamation. Details here.

UPDATE: For those interested in this controversy, I strongly recommend reading the complaint, a link to which Eugene has provided. The complaint provides allegations of misconduct by Robert Yarber, a professor at the Penn State School of Visual Arts. Yarber, for example, allegedly admitted removing flyers advertising Stulman's exhibit, and in a private meeting berated Stulman as a "racist" who supported the "racist" Israeli government that has no right to exist. Yarber was apparently Stulman's professor at the time, which would explain why these allegations were not aired last year.

Related Posts (on one page):

  1. Stulman v. Penn State University:
  2. Penn State Art Exhibit Censorship Update:
Ella (www):
I'm confused - Did the artist ultimately get to have the exhibit or get offered the chance to have the exhibit, or didn't he? The blog posts from last year indicate that he did have an exhibit sponsorred by Hillel in the University space in question and both the blog posts and the article indicate that the Unviersity offered to host the exhibit. Clearly, the original denial was censorship, but if the school relented and he refused to accept their offer(s), how can he sue to "force" the University to host the exhibit? And isn't defamation a stretch? Leaving aside whether the statements were actually defamatory, proving actual damage is going to be very tough.

Is there a copy of the complaint available?
4.24.2007 10:06pm
zhongliu (mail):
4.25.2007 4:20am
Lori Lowenthal Marcus (mail):
Ella:

Check out the Complaint, to which EV linked, and see the answers to your questions in greater detail. The short answers are that:
1. the exhibit was never held. The university put a precondition to allow it to go forward after the censorship, the university gave a public and false reason for cancelling the exhibit,the university then said the exhibit was not going to happen, the university then said the plaintiff could only meet with university officials to talk about having the exhibit if he came to the meeting alone (several different administrators made this demand), and the university also refused to discuss the repeated harassment and anti-Semitic vitriol to which Plaintiff had been subjected by his professor.
2. The Collegian article, presumably relying on the misstatements made by PSU officials last year, falsely stated that the "Portraits of Terror" exhibit was sponsored by PSU Hillel when that was NOT the case, as Stulman and the Hillel advisor told PSU officials repeatedly. The artwork reflected plaintiff's artistic views and was neither commercial art nor Hillel propaganda despite Garoian's labeling it as such.
3. At least one exhibit of "Portraits of Terror" was cancelled because the local police department told the gallery owner adequate security for the exhibit could not be provided. This decision was the direct result of the misinformation put out by PSU.
Lori Lowenthal Marcus
4.25.2007 7:35am
Ella (www):
Thanks - I read the complaint. I was confused by the last blog post from last year re: the exhibit.
4.25.2007 8:44am
Roger Rainey (mail):
It is irrelevant, but if you go to the Penn State website and look up Yarber, you will see that his own art is very, very bad. Garoian's on the other hand is a little more sophisticated. You know what they say about teachers...
4.25.2007 11:06am
Eli Rabett (www):
Though you guys didn't like political art? (ok, it was a guest post) OTOH, the one thing about art is that you can't dispute taste and, as far as I know, no one is guaranteed an exhibition.
4.25.2007 10:24pm
davidbernstein (mail):
Who said anything about liking (or disliking) Stulman's art?
4.26.2007 1:06am
Lori Lowenthal Marcus (mail):
Eli R. - I assume you mean in general artists are not guaranteed an exhibition. However, just to be clear, at the Penn State art school seniors were guaranteed an exhibition if they acquired the necessary approvals, which Stulman did. His "Portraits of Terror" exhibit was canceled only because of its content.
4.26.2007 7:46am
lucia (mail) (www):
Yarber's page. (I think these look like art one might find on the cover of cheap paperback science fiction, or maybe sci-fi comic books. This one should be titled: "Woman trapped in a forcefield and fed on by space alien leeches." Evidently, the title is "Encosmic Hearer", which, I guess, is more pithy.
4.26.2007 9:17am