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CAA Supports Free Speech Protection Act of 2008

posted by Christopher Howard — Sep 30, 2008

On September 25, 2008, Paul Jaskot and Linda Downs, respectively CAA’s president and executive director, sent the following letter to the US Senate’s Committee on the Judiciary in support of S. 2977, the Free Speech Protection Act of 2008:

The Hon. Arlen Specter, Sponsor
The Hon. Patrick Leahy, Chairman
Members of the Committee on the Judiciary
United States Senate
433 Russell Senate Office Building
Washington, DC 20510

S. 2977: The Free Speech Protection Act of 2008

We write in support of the proposed Free Speech Protection Act of 2008 (S. 2977). We are a professional organization of over 16,000 members that represents the interests of scholars, authors, artists, libraries, museums, and other individuals and institutions who work in the arts in the United States. We publish three scholarly journals, and support the publication of books and other scholarship through grant programs, an influential annual conference, a website, and other activities. As publishers, and as the representative of authors, artists, and scholars, we urge the Senate to approve S. 2977 expeditiously in this congressional session.

The United States is a beacon of free and open discourse. We produce some of the most widely respected and valued scholarship in the world, as well as some of the most influential art. Other countries and individuals worldwide look to us to set the highest standard for the free exchange of ideas, and our Constitution and Bill of Rights give us the ability to meet that standard.

Now, as publishing becomes ever more globalized, our freedom to publish under United States law is threatened. Libel suits filed in foreign countries pose a grave danger to the free speech rights of American authors, journalists, publishers, and readers. S. 2977 provides authors and publishers with urgently needed protections. This is an excellent bill, and its broad bipartisan support shows that Americans are united in our respect for and reliance on our cherished independence. We must not allow the libel laws of other countries to undermine American laws or chill protected speech.

We concur with the American Association of University Professors, American Booksellers Foundation for Free Expression, American Library Association, American Society of Newspaper Editors, Association of American Publishers, Association of American University Presses, the National Coalition Against Censorship, PEN American Center, and others, who wrote to you on September 10, 2008, stating: “Increasingly in recent years, individuals who challenge the accuracy of published materials have attempted to strike back at their authors by filing lawsuits in foreign countries, most commonly England. U.S. law requires the party alleging libel to prove that the statements objected to are actually false. To avoid this burden, libel plaintiffs have engaged in forum shopping—filing lawsuits in countries with either different burdens of proof or different definitions of libel or both.”

S. 2977 is modeled on the recent New York state law that broadens the jurisdiction of New York courts to ensure that foreign libel judgments not be enforced unless they meet New York and U.S. constitutional standards. S. 2977 adds further force to this excellent law by authorizing authors to countersue foreign plaintiffs in a U.S. court for damages of up to three times the amount of the foreign judgment if the foreign plaintiff acted to suppress the speech of the U.S. person.

Passage of S. 2977, the Free Speech Protection Act, is essential to ensure that weaker protections for free speech in other countries do not undermine our fundamental First Amendment freedoms.

Yours sincerely,

Paul Jaskot, CAA President and Professor of Art and Art History, DePaul University; and Linda Downs, Executive Director

Filed under: Advocacy, Legal Issues

CAA Supports Free Speech Protection Act of 2008

posted by Christopher Howard — Sep 30, 2008

On September 25, 2008, Paul Jaskot and Linda Downs, respectively CAA’s president and executive director, sent the following letter to the US Senate’s Committee on the Judiciary in support of S. 2977, the Free Speech Protection Act of 2008:

The Hon. Arlen Specter, Sponsor
The Hon. Patrick Leahy, Chairman
Members of the Committee on the Judiciary
United States Senate
433 Russell Senate Office Building
Washington, DC 20510

S. 2977: The Free Speech Protection Act of 2008

We write in support of the proposed Free Speech Protection Act of 2008 (S. 2977). We are a professional organization of over 16,000 members that represents the interests of scholars, authors, artists, libraries, museums, and other individuals and institutions who work in the arts in the United States. We publish three scholarly journals, and support the publication of books and other scholarship through grant programs, an influential annual conference, a website, and other activities. As publishers, and as the representative of authors, artists, and scholars, we urge the Senate to approve S. 2977 expeditiously in this congressional session.

The United States is a beacon of free and open discourse. We produce some of the most widely respected and valued scholarship in the world, as well as some of the most influential art. Other countries and individuals worldwide look to us to set the highest standard for the free exchange of ideas, and our Constitution and Bill of Rights give us the ability to meet that standard.

Now, as publishing becomes ever more globalized, our freedom to publish under United States law is threatened. Libel suits filed in foreign countries pose a grave danger to the free speech rights of American authors, journalists, publishers, and readers. S. 2977 provides authors and publishers with urgently needed protections. This is an excellent bill, and its broad bipartisan support shows that Americans are united in our respect for and reliance on our cherished independence. We must not allow the libel laws of other countries to undermine American laws or chill protected speech.

We concur with the American Association of University Professors, American Booksellers Foundation for Free Expression, American Library Association, American Society of Newspaper Editors, Association of American Publishers, Association of American University Presses, the National Coalition Against Censorship, PEN American Center, and others, who wrote to you on September 10, 2008, stating: “Increasingly in recent years, individuals who challenge the accuracy of published materials have attempted to strike back at their authors by filing lawsuits in foreign countries, most commonly England. U.S. law requires the party alleging libel to prove that the statements objected to are actually false. To avoid this burden, libel plaintiffs have engaged in forum shopping—filing lawsuits in countries with either different burdens of proof or different definitions of libel or both.”

S. 2977 is modeled on the recent New York state law that broadens the jurisdiction of New York courts to ensure that foreign libel judgments not be enforced unless they meet New York and U.S. constitutional standards. S. 2977 adds further force to this excellent law by authorizing authors to countersue foreign plaintiffs in a U.S. court for damages of up to three times the amount of the foreign judgment if the foreign plaintiff acted to suppress the speech of the U.S. person.

Passage of S. 2977, the Free Speech Protection Act, is essential to ensure that weaker protections for free speech in other countries do not undermine our fundamental First Amendment freedoms.

Yours sincerely,

Paul Jaskot, CAA President and Professor of Art and Art History, DePaul University; and Linda Downs, Executive Director

Filed under: Advocacy, Legal Issues

CAA cosponsored Humanities Advocacy Day (February 25, 2003), hosted by the National Humanities Alliance, and Arts Advocacy Day (March 26, 2003), hosted by Americans for the Arts, in Washington, D.C. Both events brought together a broad cross-section of national cultural organizations, academics, and grassroots arts leaders to promote the arts, arts education, and humanities to Congress through increased support for the federal cultural agencies.

CAA representatives Susan Ball, Richard Selden, and Marta Teegen visited the offices of several key members of the Senate and House Interior Appropriations Subcommittees, which deal directly with funding for the federal cultural agencies, and met with other legislators during both advocacy events.

For Humanities Advocacy Day, an event that focuses on increased support for the National Endowment for the Humanities (NEH), Ball and Teegen called for Congress to support President George W. Bush’s budget request of $152 million for the NEH, a $26 million increase over the current fiscal year. Much of the proposed increase will go to fund the NEH’s We the People initiative to advance understanding of American history, culture, and civics. It is very important to note the program is currently administered within, but not officially funded by, the NEH. Should We the People be properly funded, it will become its own program at the NEH-grant applications dealing with American history, culture, and civics will go to this new program instead of the various other program divisions at NEH, as is currently the case. Consequently, a properly funded We the People will free up money for other NEH programs, including Preservation & Access and Research Grants.

At Arts Advocacy Day, CAA representatives Ball and Selden focused on several important arts policy matters during visits to Capitol Hill. They urged Congress to appropriate $170 million in funds for the National Endowment for the Arts (NEA), $53 million above the current fiscal year. The NEA has never recovered from the 40 percent budget cut it received in 1996, and its programs are woefully underfunded. Moreover, CAA’s representatives called on Congress to support President Bush’s budget request of $34.43 million for the Office of Museum Services, a division within the Institute of Museum and Library Services.

Ball joined members of the New York delegation to Arts Advocacy Day on visits to the offices of Charles Rangel (D-NY) and Amo Houghton (R-NY), both of whom serve on the House Ways and Means Committee (Rangel is the ranking member), which has jurisdiction over all tax policies, including proposed legislation calling for fair-market-value tax deductions for artists. Identical bills have been introduced in the House and Senate again this year to allow artists to deduct contributions of their artworks at full market value. Representatives Houghton and Ben Cardin (D-MD) introduced H.R. 806 Artists’ Contribution to American Heritage Act of 2003, and Senators Patrick Leahy (D-VT) and Robert Bennett (R-UT) introduced S. 287 Artist-Museum Partnership Act. Both bills continue to have strong bipartisan support, though it is still unclear when in the coming year either of them will be voted on.

Other issues raised on Arts Advocacy Day concerned improving the visa process for visiting international artists and scholars. Many nonprofit organizations confront untenable delays and uncertainties while getting approval of visa petitions for international guest artists and scholars. While current law requires a maximum fourteen-day process, it now takes the Immigration and Naturalization Service (INS) up to 120 days to process visa petitions in the categories most used by visiting artists. Delays began in June 2001, when the INS adopted a Premium Processing Service, which guarantees processing within fifteen days upon payment of an additional $1,000; however, most nonprofit organizations cannot afford such a fee. Arts advocates called on Congress to urge the INS to adopt immediate reforms that will ensure timely processing of visa petitions related to nonprofit arts groups.

CAA’s representatives also advocated for an increase in appropriations for cultural exchanges through the U.S. Department of State. They specifically urged Congress to boost funding by $10 million for the Cultural Programs Division, which currently receives only $2 million. This division funds international educational exchange and training programs and supports partnerships among museums around the world.

-Marta Teegen, CAA director of governance and advocacy

CAA cosponsored Arts Advocacy Day on March 11-12, 2002, hosted by Americans for the Arts, and Jefferson Day on March 21-22, 2002, hosted by the National Humanities Alliance (NHA), in Washington, D.C. Both events brought together a broad cross-section of national cultural organizations, academics, and grassroots arts leaders to promote the arts, arts education, and humanities to Congress through increased support for the federal cultural agencies.

In addition to requesting more funding for the National Endowment for the Arts (NEA), National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services (IMLS), CAA representatives Marta Teegen and Paul Skiff focused on two key policy issues on Arts Advocacy Day this year: grants for individual artists and fair-market-value tax deductions for artists.

Concerning grants for individual artists, Teegen and Skiff argued that the NEA has always sought to promote America�s cultural heritage and values both domestically and abroad through these grants. Specifically, NEA grants have supported and encouraged ingenuity, freedom of expression, and risk taking. Since Congress eliminated grants to individual artists in 1995, the NEA has placed the majority of its emphasis on education and access programs. To remove artists from the grants program, however, leaves this national arts-funding initiative without positive examples of individual achievement, which provide high standards upon which to base educational goals. A program for funding the arts that does not have examples of individual professional achievement, much less encourage ingenuity and risk taking, does not allow the U.S. to establish cultural authority or credibility worldwide. Therefore, it is necessary that the NEA recognize individual artists with longstanding achievement, and encourage them to be outspoken with their unique viewpoints and innovative, advanced ideas. After all, it is artists who are recognized by the national and international public for being positive examples of American cultural leadership.

While making several congressional visits during Arts Advocacy Day, Teegen and Skiff met with other arts advocates. Unfortunately, the vast majority of these advocates scoffed at our attempt to reestablish a dialogue with our elected officials about grants to individual artists, more often than not stating that ours is a lost cause. To be sure, if arts advocates from around the country are afraid or unwilling to broach this important subject with members of Congress, then it will, sadly, forever be lost. We therefore strongly urge all CAA members to engage your elected officials in a dialogue about the importance of grants to individual artists and to ask them to sponsor legislation that will fund them.

On the issue of fair-market-value tax deductions for artists, CAA has been an advocate for pending legislation for well over a year now. Sponsored by Amo Houghton (R-Corning, NY) and Ben Cardin (D-Baltimore, MD) in the House and Patrick Leahy (D-VT) and Robert Bennett (R-UT) in the Senate, the proposed legislation would allow artists to deduct the donation of an artwork at its full market value. This will greatly aid museums and other nonprofit recipients of art gifts by making the donation process easier and more valuable for the donor. In all likelihood, the bill will be amended to a larger tax bill; however, it is unclear whether or not there will be such a tax bill this year.

For Jefferson Day, a humanities advocacy event that focuses on increasing support for the NEH, Teegen and CAA�s executive director, Susan Ball, met with several members of the Senate Subcommittee on Interior and Related Agencies�the group that oversees funding for federal cultural agencies. We explained that NEA and NEH Challenge Grants have allowed CAA to offer awards to individuals from traditionally underrepresented populations at the professional level in museums and universities through its Professional Development Fellowship Program. CAA director of marketing and communications and a New Jersey resident, Richard Selden, also participated in visits (organized by Princeton University’s Office of Government Affairs) to the offices of several New Jersey members of Congress. Unfortunately, the NEH falls under the radar in most congressional offices. We need to help raise the agency�’s profile-to increase awareness of the work that it makes possible, including support for art-historical research and exhibitions, and to improve the understanding of its mission. CAA will continue to work with the National Humantities Alliance, a nonpartisan advocacy group in Washington, D.C., of which CAA is a member, to address these issues.

Also during Jefferson Day, CAA and the NHA cosponsored a reception at the Folger Shakespeare Library in honor of the new NEH chair, Bruce Cole, an art historian. It was well attended by congressional staff, humanities advocates, and NEH staff members.

As reported in the March/April issue of CAA News, President George W. Bush’s budget, which was released in February of this year, calls for modest increases in the NEA’s and NEH’s budgets in FY 2003, just enough to cover the costs associated with the proposed legislative change in accounting for retirement and health benefits costs; thus, program budgets for the two agencies are nearly identical with the present fiscal year, at about $117.4 million for the NEA and almost $126.9 million for NEH. The IMLS, on the other hand, is scheduled for an increase of 8.1 percent over last year’s budget. While advocates urged members of Congress to support a funding increase to $155 million each for both the NEA and the NEH during Arts Advocacy Day and Jefferson Day, it is still unclear whether such increases will occur in the coming fiscal year.

-Marta Teegen, CAA manager of governance, advocacy, and special projects, with Paul Skiff, assistant director of annual conference

House & Senate Appropriations Committees

posted by admin — Jan 15, 2002

Below is a listing of congressional committees important to arts and humanities legislation. If your Senator or Representative serves on one or more of these committees, he or she will have a direct impact on arts and humanities policy, and can play an active role in the funding debate. We urge you to make a special effort to contact your representative by sending a letter of support for the federal funding of the NEA and the NEH. Whenever possible, you should meet directly with your representative. You can also contact your representatives by clicking on the Americans for the Arts websiticker. Again, if you need further information about your representative’s involvement with federal funding, please feel free to email Rebecca Cederholm.

2005 House Interior Appropriations Subcommittee:

Republicans
Charles H. Taylor (NC), Chair
Zach Wamp (TN)
John E. Peterson (PA)
Don Sherwood (PA)
Ernest J. Istook, Jr. (OK)
Robert Alderholt (AL)
John Dolittle (CA)
Michael K. Simpson (ID), Vice Chairman
Democrats
Norman Dicks (WA), Ranking Member
James P. Moran (VA)
Maurice D. Hinchey (NY)
John W. Olver (MA)
Alan B. Mollohan (WV)

2005 Senate Interior Appropriations Subcommittee:

Republicans
Conrad Burns (MT), Chairman
Ted Stevens (AK)
Thad Cochran (MI)
Pete Domenici (NM)
Robert Bennett (UT)
Judd Gregg (NH)
Larry Craig (ID)
Wayne Allard (CO)
Democrats
Byron Dorgan (ND), Ranking Member
Robert Byrd (WV)
Patrick Leahy (VT)
Harry Reid (NV)
Diane Feinstein (CA)
Senator Barbara Mikulski (MD)
Herb Kohl (WI)
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