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CAA News Today

The National Council on the Arts, the advisory body of the National Endowment for the Arts (NEA), will meet in a public session on Friday, October 30, 2009, which will include a tribute to the late Merce Cunningham. The meeting will be held in Room M-09 of the Nancy Hanks Center, 1100 Pennsylvania Avenue NW, in Washington, DC. This is the first council meeting at which Rocco Landesman will participate as NEA chairman.

In addition to council business, the public session will feature a tribute to the late choreographer Merce Cunningham. Douglas Sonntag, NEA director of dance, will lead the presentation, which will also include remarks from the dance critic Suzanne Carbonneau, the choreographer Elizabeth Streb, and Trevor Carlson, executive director of the Cunningham Dance Company. These colleagues of Cunningham will discuss their experiences working with the choreographer and his major contributions to the contemporary dance field.

The complete meeting schedule is as follows:

  • 9:00 AM: Chairman Rocco Landesman’s Opening Remarks
  • 9:30 AM: White House/Congessional/Budget Updates
  • 9:45 AM: Tribute to Choreographer Merce Cunningham
  • 10:45 AM: Application and Guidelines Review/Voting
  • 11:15 AM: General Discussion, Closing Remarks, and Adjournment

The National Council on the Arts is convened three times per year to vote on funding recommendations for grants and rejections; to advise the chairman on application guidelines, the budget, and policy and planning directions; and to recommend to the president nominees for the National Medal of Arts.

Including the chairman, there are fourteen members: James Ballinger, Miguel Campaneria, Ben Donenberg, JoAnn Falletta, Lee Greenwood, Joan Israelite, Charlotte Kessler, Bret Lott, Jerry Pinkney, Stephen Porter, Barbara Ernst Prey, Frank Price, Terry Teachout, and Karen Wolff. The council also has six ex-officio members from Congress: Robert Bennett (R-UT), Sheldon Whitehouse (D-RI), and Patrick J. Tiberi (R-OH); appointment by majority and minority leadership of the remaining members of Congress to the council is pending.

Media Coalition invites listeners to join an audio news briefing discussing the upcoming Supreme Court case US v. Stevens on Thursday, September 24, 2009, at 2:00 PM EDT. Speaking will be David Horowitz from Media Coalition; Laurie Lee Dovey of the Professional Outdoor Media Association; Joan Bertin of the National Coalition Against Censorship; and Chris Finan from the American Booksellers Foundation for Free Expression.

In 2004, Robert J. Stevens was convicted under a federal statute, passed in 1999, which made it illegal to distribute or own media depicting animal cruelty. Stevens, a writer and filmmaker from Virginia, had assembled footage of pit bulls fighting and hunting, mainly in international locations where dogfighting is legal. Last year, Stevens’s conviction was overturned, and the Supreme Court will hear arguments in this case on October 6, 2009. Read CAA’s description of the case and statement on this issue.

This summer, CAA signed an amicus curiae brief supporting the National Coalition Against Censorship’s claim that acts of expression, not actual involvement in illegal activities, are protected under the First Amendment and are not subject to criminal penalties. Media Coalition, a trade association that defends First Amendment rights of the mainstream media, filed its own amicus brief in late July.

To RSVP for the audio news briefing, please contact Kai-Ming Cha at 212-587-4025, ext. 12. To hear the briefing, call 1-888-387-8686 and enter access code 1066257.

An untitled bill introduced last week in the US Senate may loosen recent government restrictions on fractional gifts of works of art to museums, reports Shelly Banjo of the Wall Street Journal. Senator Charles Schumer (D-NY), whose state contains many important art museums, patrons, and philanthropists, is sponsoring S 1605, which would reform the rules regulating fractional charitable donations of tangible personal property.

Fractional gifts—which allow Americans to give partial ownership rights of an artwork to a museum or charitable organization and take an income-tax deduction for the donated portion of its value—were common practice in the museum world until 2006, when provisions put into the Pension Protection Act of 2006 by Senator Charles E. Grassley (R-IA) made partial gifts less attractive for donors. (Namely, that work must be fully donated within ten years of the initial fractional gift, and that the value of the artwork is capped when the first gift is made.) Since then, museums noticed that the practice of fractional gifts has nearly disappeared.

Here’s more background information on fractional gifts in the New York Times in 2006 and 2008.

US v. Robert Stevens involves a federal statute that makes it a crime to own, possess, or display depictions of animal cruelty, if the acts portrayed are illegal in the state where someone owns, possesses, or sells them—even if the acts portrayed weren’t illegal when or where they were performed. The actual case involves a man who was convicted under the statute for a video about pit bulls that contained footage of dogfights in places where they were legal—not to promote dog fighting but to describe how the dogs have been/are used. The conviction was reversed on appeal on the ground that the prohibition on the depiction alone violates the First Amendment, and the Supreme Court has agreed to hear the case. It is important to emphasize, though, that cruelty to animals itself is illegal in most states, and CAA is not advocating for the repeal of those laws—just the law that bans any depiction of animal cruelty.

CAA has signed an amicus brief prepared by the National Coalition Against Censorship that will discuss the implications for free expression, focusing on some well-known art situations, such as Adel Abdessemed’s cancelled show at San Francisco Art Institute, Wim Delvoye’s tatooed pigs, and Hermann Nitsch’s performances. Whatever the ethical issues such work raises, we claim that pure expression—as opposed to actual acts of animal cruelty—should not be subject to criminal penalties, and that the government’s argument in favor of criminalizing speech if its “social cost” outweighs its “value” is so far-reaching that it would chill all kinds of protected expression and exhibition.

This case is relevant to not only artists but also art-history professors, as they may want to teach about ethical issues in art, including the treatment of animals in bioart, etc. The law as it stands might chill their ability to show such work.

CAA Statement

The College Art Association joins the National Coalition Against Censorship in urging the Supreme Court to uphold the decision of the United States Court of Appeals for the Third Circuit in striking down Section 48 as unconstitutional. Section 48 is unconstitutional because it could deter and punish the production, distribution, and even the simple possession of constitutionally protected speech. If the decision is reversed, not only will some lawful expression depicting animals being killed or injured be subject to criminal sanction, but the ramifications are also far-reaching: Congress and the states could outlaw the creation and possession of artworks that depict certain types of conduct simply on the basis that the conduct itself is illegal.

This would chill a wide range of expression, including, potentially, art that depicts such criminal activities as terrorist acts, drug use, and certain types of sexual behavior. Although CAA does not condone cruelty to animals or any other sort of unlawful conduct, CAA has long and firmly opposed artistic and scholarly censorship of all kinds.

Paul B. Jaskot, President, College Art Association
Professor, Department of Art and Art History, DePaul University

Linda Downs, Executive Director, College Art Association

A Tennessee Court of Appeals ruled on Tuesday that the Georgia O’Keeffe Museum in Santa Fe, New Mexico, may not intervene in the sale of artworks that the late artist donated to Fisk University. For more than three years the cash-strapped Nashville school, which owns a substantial bequest that includes O’Keeffe’s famous Radiator Building – Night, New York (1927) and Marsden Hartley’s Painting No. 3 (1913), has wanted to sell those two paintings to—and share the display of many other works in the prized collection with—the Crystal Bridges Museum in Bentonville, Arkansas.

Travis Loller of the Associated Press and Jack Silverman of the Nashville Scene have more details.

CAA encourages you to sign a petition that supports the integrity and value of university and college art museums.

Part-time faculty in the state of Oregon scored a victory late last month, when their state legislature overwhelmingly approved the Oregon Faculty and College Excellence (FACE) Act. The bill will provide access to healthcare insurance to part-time faculty at community colleges and universities through the Oregon Educator’s Benefit Board plan. The bill also requires schools to track and annually report on faculty staffing and salary ratios, to be reviewed by the legislature and governor.

The Senate vote was unanimous: 30-0; the House passed the bill 54 to 1. The FACE Act now goes to Oregon Governor Ted Kulongoski for his signature. Jillian Smith and Rob Wagner from AFT Oregon have the complete story.

Faculty and College Excellence (FACE), a branch of the American Federation of Teachers, is a national campaign that advocates for equity in pay and benefits for contingent faculty members through organizing, legislative advocacy, and collective bargaining. Another goal is to ensure that three-quarters of undergraduate courses are taught by full-time tenure and tenure-track faculty, and that qualified contingent faculty have the opportunity to move into such positions when they become available. The Oregon legislation is the first time that elements of FACE have been adopted by a state.

CAA has 135 individual and 21 institutional members in Oregon.

American audiences for the arts are getting older and their numbers are declining, according to new research released yesterday by the National Endowment for the Arts (NEA). Arts Participation 2008: Highlights from a National Survey, which can be ordered or downloaded from the NEA website, features top findings from the 2008 Survey of Public Participation in the Arts, the nation’s largest and most representative periodic study of adult participation in arts events and activities, conducted by the NEA in partnership with the US Census Bureau.

Five times since 1982, the survey has asked US adults eighteen and older about their patterns of arts participation over a twelve-month period. The 2008 survey reveals dwindling audiences for many art forms, but it also captures new data on internet use and other forms of arts participation. Although the 2008 recession likely affected survey responses, long-term trend analysis indicates that other factors also may have contributed to lower arts participation rates.

There are persistent patterns of decline in participation for most art forms. Although nearly 35 percent of US adults—an estimated 78 million—attended an art museum or an arts performance in the 2008 survey period, the figure is a decline from 40 percent reported in 1982, 1992, and 2002.

Attendance at the most popular types of arts events—such as art museums and craft or visual-arts festivals—saw notable declines. The US rate of attendance for art museums fell slightly from a high of 26 percent in 1992–2002 to 23 percent in 2008, comparable to the 1982 level.

Further, fewer adults are creating and performing art. Weaving and sewing remain popular as crafts, but the percentage of adults who do those activities has declined by 12 points. Only the number of adults doing photography has increased—from 12 percent in 1992 to 15 percent in 2008.

Historically the most dependable arts participants, forty-five to fifty-four-year-olds, showed the steepest declines in attendance for most art events, compared with other age groups. Educated Americans—the most likely to attend or participate in the arts—are doing so less than before, and less-educated adults have significantly reduced their already low levels of attendance.

In a positive trend, the internet and mass media are reaching substantial audiences for the arts. Consider these findings:

  • About 70 percent of US adults went online for any purpose in 2008 survey, and of those adults, nearly 40 percent used the web to view, listen to, download, or post artworks or performances
  • Thirty percent of internet-using adults download, watch, or listen to music, theater, or dance performances online at least once a week. More than 20 percent of them view paintings, sculpture, or photography at least once a week
  • More Americans view or listen to broadcasts and recordings of arts events than attend them live (live theater being the sole exception). Classical and Latin or salsa music were the most popular music categories (with 40 and 33.5 million viewers/listeners, respectively), and 33.7 million adults reported listening to, or viewing programs or recordings about books and writers. The same number (33.7 million) enjoyed broadcasts or recordings about the visual arts.

The entire survey questionnaire, the raw data, and a user’s guide are available both on the NEA website and from Princeton University’s Cultural Policy and the Arts National Data Archive (CPANDA). More detailed study results will be available later this year.

Today, President Barack Obama announced his intent to nominate former Republican Congressman Jim Leach as Chairman of the National Endowment for the Humanities.

Obama said, “I am confident that with Jim as its head, the National Endowment for the Humanities will continue on its vital mission of supporting the humanities and giving the American public access to the rich resources of our culture. Jim is a valued and dedicated public servant and I look forward to working with him in the months and years ahead.”

Jim Leach served as a member of the US House of Representatives for the state of Iowa for thirty years. He founded and cochaired the Congressional Humanities Caucus, which is dedicated to  advocating on behalf of the humanities in the House and to raising the profile of humanities in the United States. The caucus worked to promote and preserve humanities programs and commissions such as the Historical Publications and Records Commission. Leach and his cofounder, Rep. David Price, received the Sidney R. Yates Award for Distinguished Public Service to the Humanities from the National Humanities Alliance in 2005. During his tenure in Congress, Leach also served as chairman of the House Committee on Banking and Financial Services (1995-2001), a senior member of the House Committee on International Relations, and chairman of the committee’s Subcommittee on Asian and Pacific Affairs (2001-6). In addition, Leach is a member of the Council on Foreign Relations, the vice chairman of the Century Foundation’s board of trustees and has served on the boards of the Social Sciences Research Council, ProPublica, the Carnegie Endowment for International Peace and the Kettering Foundation. Since leaving Congress in 2007, he has taught at Princeton University and served as the interim director of the Institute of Politics at Harvard University’s John F. Kennedy School of Government.

“Serious long-term challenges posed by rapid globalization, economic crisis, and threats to our national security require solutions informed by the humanities,” wrote Pauline Yu, president of the American Council of Learned Societies, in a testimony submitted last month to the House of Representations in support of the National Endowment for the Humanities (NEH). Yu called for at least $230 million in funding for the NEH for fiscal year 2010—an increase of $75 million above the present year’s budget. (Download and read Yu’s full testimony to the Appropriations Subcommittee on Interior, Environment, and Related Agencies.)

Earlier this month, however, President Barack Obama’s FY 2010 budget allotted only $171.315 million for the endowment, far short of Yu’s request but $16.315 million more than the current year.

With this proposed increase, the NEH seeks to establish a new grant program, entitled Sustaining Cultural Heritage Collections, which will allow institutions to plan or implement preventative conservation measures that prolong the useful life of humanities collections. The endowment will also reintroduce preservation research and development grants for projects that address major challenges in preserving and maintaining access to humanities collections and resources. And through its We the People program, the NEH will continue to fund humanities projects that strengthen the teaching, study, and understanding of the nation’s history and culture.

Additionally, Obama’s request includes new oversight responsibility for the National Capital Arts and Cultural Affairs program. With the program’s transfer from the US Commission of Fine Arts, the NEH will manage a redesigned program of competitive grants to arts, historical, and cultural institutions in the District of Columbia.

In addition to a general overview of Obama’s NEH budget request, more information is available in the summary and highlights or the detailed budget request of the endowment’s FY 2010 appropriation request. A table with the FY 2010 funding request figures, by division and office with FY 2008 and FY 2009 appropriation amounts, is also available.

See also a brief report on funding for the National Endowment for the Art for FY 2010.

Andrea Kirsh, an independent art historian based in Philadelphia, Pennsylvania, and a member of the CAA Board of Directors, was one of several CAA delegates who attended Humanities Advocacy Day and Arts Advocacy Day, both of which took place in March 2009 in Washington, DC.

In an article for the forthcoming May issue of CAA News that is also posted online, she writes about her experiences advocating for increased funding for the National Endowment for the Arts and National Endowment for the Humanities, among other government programs and legislation.

Photo: The Grammy-nominated singer-songwriter Josh Groban (center) advocates for the arts with CAA board member Judith Thorpe (left) and Jean Miller at the Congressional Breakfast during Arts Advocacy Day