[pure-silver] Re: Censorship

  • From: "B P" <peeperphotos@xxxxxxxxx>
  • To: pure-silver@xxxxxxxxxxxxx
  • Date: Fri, 7 Dec 2007 11:41:01 -0800

Thank you, Bogdan. This was a very insightful and useful post. These were
things that I did not know and am glad to learn.

Becky Lynn


On 12/7/07, Bogdan Karasek <bkarasek@xxxxxxxxxxxx> wrote:
>
> Hi,
>
> If I remember correctly, all the submissions were presented to a jury
> which chose the photographs in question.  The jury did it's job.  Normal
> procedure dictates that the Board of Directors mandates a Selection
> Jury (criteria etc.) to make the selections and  the jury submits it's
> choices to the Board of Directors which then approves them at the
> following Board meeting and this is included in the Minutes of the Board
> meeting. The "rubber stamp" by the Board is part of the procedure
> because the jury choices have to be officially recognized and this is
> done via the Minutes of the Board.  The Board of Directors is a legal
> entity, so the choices have to go through them and be approved by them .
> Normally, the Board acknowledges the choices, approves them, thanks
> the jury for discharging it's duty, and goes on to other matters.  The
> Board of Directors is empowered to name standing or ad hoc committees,
> i.e., fund raising, planning, Selection Jury or any other committee that
> it deems necessary to help fulfill it's mandate.  If there  is a problem
> with the choices made by the Selection Jury, then this is discussed at
> the Board meeting.  Normally, the Board makes the committee's choices
> it's own, inscribes the choices in the Minutes of the Board and they
> move on to other matters.  That's why a Board names committees.  It
> can't do all the work by itself. It can mandate and then approve.
>
> At different times, I have sat on both sides of the fence in Artist run
> Co-ops (legally incorporated), on Selection Committees and on the Board
> of Directors.  Only once did we have a problem with the Jury's choices
> and that was because of personality issues between one of the Board
> members and a member of the jury.  A vote was taken and the majority of
> the Board supported the Jury's choices.
>
> So, the question I ask myself, where is the Jury?  Have they spoken up?
> Have they complained to the Board that the President unilaterally
> overturned a choice they had made, and a choice that had to have been
> approved by the Board.  Where are the rest of the Board members?  Why
> aren't they complaining.  After all, their authority is being abrogated
> by the President.  If there is a crisis needing immediate resolution,
> then the  President can make an on-the-spot decision because the
> situation demands  it, but procedure also demands that the Board be
> appraised of the situation at a later convenient date and they normally
> ratify the President's decision.  Has this been done?
>
> Some will say that I am nit-picking, but this gallery is a public
> institution, therefore a legal entity, and as such must follow certain
> procedures.   This is the behind the scenes stuff that takes place in
> all public institutions.  Have procedures, as set out in the By-Laws,
> been respected in this case.  I find it very odd, that somebody from the
> gallery, an employee (?) could ask the President of the Board to
> override a decision by the Jury and which normally was approved by the
> Board.  If there was a problem with the photographs, then it should have
> been hashed out at the Board meeting.  These things are not to be taken
> lightly.  A Board has legal responsibilities, By-Laws that have to be
> legally respected and if there is disagreement with the Jury's choices,
> which does sometimes happen, the Board usually consults with the Jury
> and tries to work things out.  The Board has legal responsibilities and
> these cannot be dismissed.
>
> I know all this sounds very boring, but believe me, from personal
> experience, these are things to be considered.  Without getting into the
> problem of Censorship or whether the images were offensive or not, that
> is not the issue from a technical legal procedural point of view.   I'm
> just trying to present a different take on the problem.
>
> Anyway, what I am suggesting is that the artists in question delve into
> the legal technicalities.  Was the President's action in conformity
> with the By-Laws, were mandates followed, what is the legal relationship
> between the President, the Board and the Jury?    maybe they have
> different procedures in Modesto, I don't know, but I do know that if
> this is a public institution, you can't just go around doing what you
> want.  All this is spelled out in the By-Laws and there is a legal
> obligation to respect these By-laws.  The President has to answer to the
> Board and the Board answers to the City of Modesto.  If you own a
> private gallery,  that's a different matter altogether; you can do what
> you want, within certain legal limits.
>
> Has the question been brought up at city council meetings?
>
> There are different ways of protesting loudly and there are also legal
> issues at stake.  Use them all. No one is above the law even if the
> person is President...... of a Public Gallery.
>
> Hope I didn't bore anyone but I've had to deal with these kind of issues
> in the past.
>
> Cheers,
> Bogdan
>
>
>
> B P wrote:
>
> > The President of the board is a very well known Christian in town. Gaye,
> > who is in charge of running the gallery is also a Christian. It was Gaye
> > who deemed them inappropriate and then she made a call to Brad Hawn, the
> > president. He supported her decision and the photos were taken down.
> >
> > I was talking with David, one of the photographers who's work was taken
> > down. He said that Gaye, the one who took his work down, said that if he
> > had painted the images they would have been fine!! He said that he was
> > offended because she was saying that his artwork (photography) was not
> > art. So, it's more about the medium than the actual content.
> > Photography is seen as art at Mistlin Gallery unless it includes
> > breasts. But painting can be of anything and it's, "Art".
> >
> >
> > On 12/7/07, vellum <vellum@xxxxxxxxxxxx <mailto:vellum@xxxxxxxxxxxx>>
> > wrote:
> >
> >     That's not the reason for the censorship.  The article in the
> Modesto
> >     Bee states clearly that "A couple of visitors voiced objections to
> >     gallery staff members".  Furthermore, the article implies that the
> >     gallery operators felt that the images crossed the line of good
> taste
> >     and states that the gallery board felt the photos were inappropriate
> >     for
> >     children.
> >
> >     It's just plain old prudish censorship born of an anti-human
> morality.
> >     Here's the url to the article so you can read it and decide for
> >     yourself.
> >
> >     http://www.modbee.com/1544/story/143951.html
> >
> >
> >
> >     Shannon Stoney wrote:
> >      > This censorship seems very silly to me, but here's  a possible
> >      > explanation:  when I used to model for a figure drawing class,
> there
> >      > was a rule that nobody could take a photograph of the model
> unless he
> >      > or she explicitly gave his or her consent.  But people were
> busily
> >      > drawing the model all the time!  I think the reason was that a
> >     drawing
> >      > or painting of a nude figure is not easily pinned down as to who
> the
> >      > model is.  But a photograph is much more obviously of a certain
> >      > individual.
> >      >
> >      > Could this have had anything to do with the case in point?
> >      >
> >      > --shannon
> >      >
> >      > On Dec 6, 2007, at 1:00 PM, B P wrote:
> >      >
> >      >> There are two photographers who do silver-gelatin prints who had
> >      >> their prints removed from a show after they had already past
> >     through
> >      >> a jury and were hung.  The artists are, David Schroeder, a local
> >      >> Psychologist and Lee Bailey, the lab tech and teachers assistant
> at
> >      >> the Jr. College that I attend. I saw the images and there were
> >      >> beautiful images of beautiful figures. They were not distasteful
> in
> >      >> the least bit. I went to the show and it's full of nude
> paintings.
> >      >> The paintings were just as nude as the photographs. The only
> images
> >      >> that were taken down from the show were photographs! It's my
> opinion
> >      >> that the body is artwork in and of itself. That viewing a
> beautiful
> >      >> human form would cause such discomfort for someone says
> troubling
> >      >> things about that person, not the artwork or the artist. Should
> we
> >      >> not see the human form as artwork unless it looks 'less real'?
> >      >>
> >      >>
> >      >> Have any of you had this kind of trouble showing your
> >     photographs of
> >      >> the figure?
> >      >>
> >      >> You can read the story at modbee.com <http://modbee.com/> you
> >     just scroll down a bit and
> >      >> you will see it.
> >      >>
> >      >> I think I'll go write a letter to the editor.
> >      >>
> >      >> Becky Lynn
> >      >>
> >      >>
> >      >>
> >      >>
> >      >>
> >      >
> >
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>
> --
> ________________________________________________________________
>   Bogdan Karasek
>   Montréal, Québec                     bogdan@xxxxxxxxxxxxxxx
>   Canada                               www.bogdanphoto.com
>
>                      "I bear witness"
> ________________________________________________________________
>
>
>
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