Clothed in controversy: Statue sparks First Amendment debate

Posted: December 11, 2014 at 10:47 am

A piece of art displayed for less than four hours on the University of Iowa campus has sparked national attention. A seven-foot-tall, sculpted set of Klu Klux Klan robes composed of articles depicting the history of racial tensions in America was on display at the university's free speech zone, the Pentacrest on Dec. 5, inciting outrage across the campus.

Serhat Tanyolacar, a visiting assistant professor at the University of Iowa and artist of the work, said the meaning of the piece was misunderstood.

"The intent was to raise awareness on contemporary issues on racism and create open discussion on those issues," Tanyolacar said.

University of Iowa officials were able to remove the display because Tanyolacar did not acquire the correct permits to display the piece. The university went on to say in a memo that it "considers all forms of racism abhorrent and is deeply committed to the principles of inclusion and acceptance."

"It's hard to start dialogue about something upsetting without showing something upsetting," said Frank LoMonte, executive director of University of Iowa's Student Press Law Center.

LoMonte said the University of Iowa was not in the wrong by removing the artwork due to Tanyolacar's inability to obtain a permit for the work.

"The government does have the ability to enforce reasonable permit conditions, so long as they are not selectively enforcing," LoMonte said.

LoMonte also said it is hard to start a conversation on something considered disturbing without showing something that is itself disturbing. The university was within its rights in removing the statue so long as the permit qualifications were the only reason they removed the piece.

"Picking and choosing who is okay to hate is a violation of First Amendment rights," LoMonte said.

The First Amendment, which protects freedom of speech, does not address hate speech, nor protect citizens against encountering it.

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Clothed in controversy: Statue sparks First Amendment debate

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