Bill Targets Museums Displaying Obscene Material
A bill sponsored by a Tarrant County representative would fine museums up to $500,000 for displaying “obscene or harmful material.” House Bill 3958, filed last month by Rep. David Lowe, R-North Richland Hills, calls for the indefinite removal of each item in violation of state laws around obscenity. The bill also proposes an additional fine for each day such material remains on display after being flagged for removal.
Background of the Bill
Fort Worth has been at the epicenter of debates around artistic expression in recent months. In early January, police confiscated four photographs by artist Sally Mann of her then-young children in the nude from the Modern Art Museum of Fort Worth amid allegations of child pornography, KERA reported. The photographs were part of the exhibit “Diaries of Home,” which included contributions from 13 female and nonbinary artists.
A Tarrant County grand jury declined to take legal action against the Modern by the end of March. Also at that time, Fort Worth police spokesperson Cynthia Wood told the Fort Worth Report that Mann’s photographs will be returned to the museum.
Purpose of the Bill
In a Monday statement to The Dallas Morning News, Lowe cited the Mann controversy in his decision to file the bill. “I am resolutely committed to protecting children from exploitation,” Lowe said. “This legislation is a crucial step in safeguarding our children’s welfare.”
A spokesperson for the Modern could not be immediately reached for comment. Examples of obscene material, per state law, include “patently offensive representations or descriptions of ultimate sexual acts.” The definition also describes “lewd exhibition of the genitals” and “the male or female genitals in a state of sexual stimulation or arousal.”
Reactions to the Bill
After Mann’s photographs were taken into custody, a trio of civil liberty organizations — American Civil Liberties Union of Texas, the Foundation for Individual Rights and Expression and the National Coalition Against Censorship — signed onto a February letter demanding the release of the art and arguing the work did not constitute obscenity. “While Mann’s children appear nude in some of the photos, there are no depictions of sexual conduct,” the organizations wrote in the letter.
Elizabeth Larison, director of the arts and culture advocacy program at the National Coalition Against Censorship, responded to Lowe’s bill in a statement sent to The News on Monday. “Whatever one’s feelings about the Texas Grand Jury’s correct conclusion that the work of Sally Mann is indeed protected artistic expression and not a crime, no state legislation has the power to criminalize or ban expression that is fully protected by the First Amendment,” she said.
Previous Incidents
The display of the Mann photographs was not the first time a local exhibition stirred conversation around what types of art were appropriate for the public. Last October at the Amon Carter Museum of American Art, an exhibit that featured diverse representations of cowboy culture briefly closed and then reopened with a “mature content” warning after the museum had received feedback about the show, according to the Fort Worth Report. The museum did not specify which artworks were considered mature.
Rafa Esparza, a Los Angeles-based artist whose work in the “Cowboy” show included depictions of men kissing and dancing, later described the content warning as a form of censorship, KERA reported.
Current Status of the Bill
HB 3958 is currently under review with the State Affairs Committee. If passed by the legislature and then signed into law by the governor, it would take effect on Sept. 1.
The dream was simple: Black women together in a museum, says group founder Kaci Merriwether-Hawkins.
The acquisitions were made possible by a grant of nearly $100,000.
Conclusion
The proposed bill has sparked a debate about artistic expression and censorship. While some argue that the bill is necessary to protect children from exploitation, others believe that it is an attempt to censor artistic expression. The outcome of the bill is still uncertain, and it remains to be seen how it will affect the art community in Texas.
Frequently Asked Questions
What is House Bill 3958?
House Bill 3958 is a proposed bill that would fine museums up to $500,000 for displaying “obscene or harmful material.”
What is considered obscene material?
Examples of obscene material, per state law, include “patently offensive representations or descriptions of ultimate sexual acts.” The definition also describes “lewd exhibition of the genitals” and “the male or female genitals in a state of sexual stimulation or arousal.”
What is the current status of the bill?
HB 3958 is currently under review with the State Affairs Committee. If passed by the legislature and then signed into law by the governor, it would take effect on Sept. 1.
How will the bill affect the art community?
The proposed bill has sparked a debate about artistic expression and censorship. While some argue that the bill is necessary to protect children from exploitation, others believe that it is an attempt to censor artistic expression.
