Emotions, Verbal v. Non-verbal, Choreographed v. Non-choreographed, 12
Speech v. Conduct, Painting/film v. Live performance ii. Barnes v. Glen Theatre (U.S. 1991) 1. Nude dancing is marginally speech 2. G-string regulation passes the O’Brien test a. Gov’t has interest in protecting societal order and morality b. Purpose not to regulate public nudity c. G-string requirement an incidental restriction no greater than necessary to achieve law’s purpose 3. Souter’s concurrence a. State has legitimate interest in preventing secondary effects i. Counter to Ashcroft ’s view about acts caused by speech 4. Scalia’s concurrence a. Nude dancing does not even implicate the First Amendment 5. Dissent a. Fails O’Brien test b/c regulation targeted “the communicative aspect of the erotic dance” iii. Case studies 1. Conduct as art a. Schneeman’s Meat Joy and Interior Scroll b. Chris Burden had his friend shoot him in the arm. iv. Major theory readings and discussion 1. Body is used as the medium 2. Adler’s Girls, Girls, Girls (2005) a. Nude dancing cases are built on a foundation of sexual panic, driven by dread of the female body b. Doctrine shaped by irrational cultural forces c. Leads to a cultural theory of the first amendment 4. Photography a. Vulnerability to censorship i. Less identifiable as art 1. Created by machine ii. Conflated with reality 1. An assumption of truth iii. More like conduct than speech iv. Most widely accessible form of art b. Photographs and war c. Case studies i. Serrano and Mapplethorpe spurred the culture wars ii. Arbus’s freak photographs 13
d. Major theory readings and discussion i. Jim Lewis’s Front Page Horror 1. Photographer who changed his mind a. First: How do we vote if we don’t see the dead bodies we’re voting on? b. Then: Takes pictures of slaughtered people in Congo. No longer function as news –become horror porn ii. Sontag’s On Photography 1. Relationship to reality a. Proof that something happened b. Photographers can usurp reality i. “Photographs have become the norm for the way things appear to us, thereby changing the very idea of reality, and of realism.” c. “Plurality of meaning that every photograph carries” d. “Photographs don’t seem deeply beholden to the intentions of an artist.” 2. Violence/predatory nature of photography a. Camera as gun b. Betrayal of subject c. “To photograph is to appropriate the thing photographed” 3. Photographs deaden us a. Horrible becomes ordinary 4. Anxiety, confusion surrounding originality, creativity, authorship a. Hard for photographer to have a recognizable body of work 5. Democratizing effect of photography 6. Photography created image-focused world a. Allowed painting to become abstract c. Museums, Galleries, and the Public: The Politics of Art i. Culture Wars and Government Funding of the Arts 1. Culture wars a. Art a key weapon i. Able to capture emotion quickly 1. Works well on 24-hour news networks and the internet ii. Inaccessible 1. Hard to understand and easy to assign ideas to iii.
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- Spring '14
- First Amendment to the United States Constitution, i., Major theory readings