This week and next we will finish the reading list by consider art in relationship to public and political values. As you might have discovered by now, I have a long-standing interest in the free speech controversies at the National Endowment for the Arts and we will focus on those specifically next week. The public dialogue on NEA in the past decade has often been tangled, so we will start this week by focusing just on the First Amendment right of free speech as it applies to art.
For our reading this week, we will look at one section of my on-line NEA project: "The First Amendment" This material was developed two years ago for an educational project directed at undergraduate classrooms in a variety of disciplines, so it is written at an introductory level that should be understandable to all of you.
In Part A, we consider the nature of the rights protected by the First Amendment. You will see several discussion questions in this section about the precise applicability of these protections and whether they adequately protect our speech.
In Part B, we ask precisely what counts as "speech" for purposes of the first amendment. Consider different types of artistic activity and whether it all should count as speech for purposes of first amendment protection. Think back to the wide range of examples of art we have considered this semester and whether it constitutes "speech." This is an important issue for artists, as so much artistic activity does not use words in the ordinary way in which we use words in our written and spoken language.
In Part C, we consider a range of exceptions to first amendment protection. We enjoy extensive protection of free speech in this country, but that right is not absolute. Several exceptions are well-established in the courts and broadly accepted by philosophical and legal theorists. Some have been proposed, but not accepted by the courts, theorists, or the general public. Of special interest to us is whether some artistic activity might fall under these exceptions to first amendment protection. You'll see quite a few discussion questions in this section. Take up any that seem interesting to you, with the exception of the second question about "potential rapists" (as that is the subject of one of the Short Paper III options!). Especially for those of you who are artists, consider whether artistic activity in which you engage might not be protected by the first amendment because it falls under one of the established exceptions.
In Part D, we look at a brief summary of the ideas on free speech of philosopher John Stuart Mill, who urged an extreme "libertarian" position. Consider whether you agree with Mill's rationale for open and free dialogue as the means to a better democracy.
Throughout our consideration of these issues, let me urge you to propose examples and counter-examples from your own experience with art, either the creation or appreciation of art.
DISCUSSION LEADER: Walter is going to be our graduate student discussion leader this week.
NEA V. FINLEY: For those of you following the NEA v. Finley case now pending in the U.S. Supreme Court, you'll find all the court materials (petitions, briefs, transcripts, etc.) on the home page for my NEA site:
http://www.csulb.edu/~jvancamp/intro.html
The court is expected to issue its decision in late June at the end of its term. (You're not required to read these for the course, but I think you'd find them interesting in relationship to the issues we are considering this week and next.)
WRITTEN ASSIGNMENTS: All written assignments for the course have been posted. As we approach the end of the semester, I know you are swamped with term papers, final exams, etc. for all of your courses. But don't let the assignments slide too long. At least take a look at them and start mulling over how you want to approach them.
WEB PAGES: Do take a look at my on-line instructions for authoring a Web page. I'm happy to set up appointments for individuals or small groups to help out on this. We can either work on the computer in my office or meet in a campus lab.
Continue to Lecture Notes for Week Fourteen (posted 5/4/98)
Return to Lecture Notes Table of Contents
Return to Class Home Page: PHIL 361/599 (Spring 1998)
Questions and comments are welcome: jvancamp@csulb.edu
This page written and maintained by Julie Van Camp
Copyright Julie C. Van Camp 1998
Last updated: April 26, 1998