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A grand jury recently dealt a blow to the nanny state by siding with Art-with-a-capital-A. Art by Ryan Burger

While our elected officials are out to transform our democracy into an orange autocracy, it’s nice to know that most of us are not falling for their b.s.

A grand jury recently dealt a blow to the nanny state (“Nanny State on Patrol,” Jan 22) by siding with Art-with-a-capital-A.

Earlier this year, Fort Worth police confiscated several artworks from the Modern Art Museum of Fort Worth under the allegation the pieces were pornographic and represented “child abuse.” They are not and do not. And the grand jury agreed. Now the police are reportedly returning the images by acclaimed artistic photographer Sally Mann to their owner, the Modern.

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In a statement from FIRE, a nonpartisan free speech nonprofit, ACLU of Texas staff attorney Chloe Kempf said, “We are pleased that the grand jury rejected the government’s shameful and dishonest criminal accusations against Sally Mann’s internationally renowned photography. The case should have never gotten this far — the First Amendment robustly protects artistic expression from the personal whims and disfavor of government officials. All of us have the freedom to artistically express ourselves free from government censorship.”

FIRE Director of Public Advocacy Aaron Terr added, “Grand juries exist to prevent baseless and malicious prosecutions — and this one did exactly that. The Fort Worth Police Department never should have initiated this shameful investigation. It’s clear as day that the First Amendment protects Sally Mann’s acclaimed photography, regardless of public officials’ personal objections to it.”

The “personal objections” came from our county judge, an avowed Christian Nationalist. In an earlier tweet, Tim O’Hare said, “The images of children reported in the media at the Modern Art Museum of Fort Worth are deeply disturbing. Sexual exploitation of a minor, including under the guise of ‘art,’ should never be tolerated. I have full confidence in law enforcement to thoroughly investigate this matter and take appropriate action. I will always be committed to protecting the most vulnerable members of society, our children.”

The photos came from Immediate Family, Mann’s 1990 collection of intimate snaps of her children experiencing the ups and downs of childhood in rural Virginia. Of the 65 pictures, 13 depict her kids nude. The handful that appeared in the Modern as part of the group show Diaries of Home came to the attention of Fort Worth police via a citizen complaint that reached O’Hare’s ears. The cops fell right in lockstep. Mann’s now-adult children have always supported their mother and say she never abused them.

Elizabeth Larison, director of the Arts & Culture Advocacy Program at the National Coalition Against Censorship, said, “While this is the outcome we hoped for and expected, it does nothing to diminish the fact that these artworks were needlessly removed from public view and have been held hostage for three and a half months as part of a frivolous criminal investigation. It also cannot undo the chill upon artistic expression that has spread as a result.”

And this chill carries on. Not only is the current occupant of the White House trying to negate the teaching of sometimes uncomfortable American history, but he’s trying to whitewash what’s left. He’s attempting to hand back traitorous Confederacy statues and monuments, and names, taken down recently by common sense and decency.

In a statement, the attorney representing the Modern, Michael D. Anderson from Kelly Hart & Hallman, said, “The Modern is the oldest museum in the state of Texas. It proudly serves the Fort Worth community and beyond and will continue to maintain the highest of standards.”

Modern attorney: “The Modern is the oldest museum in the state of Texas. It proudly serves the Fort Worth community and beyond and will continue to maintain the highest of standards.”
Courtesy the Modern Art Museum of Fort Worth

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