Bobbruch1@AOL.COM on sun 29 dec 02
Dan O'Connell (interloper) - and attorney - writes:
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<<<<artist be punished for placing these boxes in a public place. At this point=
,=20
we are leaving aside any potential punishment for trespass. The question is=
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can he be punished for the thoughts or feelings conveyed by his installation=
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I do not think so. =E2=80=A6=E2=80=A6=E2=80=A6.
<<<<<<..........The fact that the Boxer's installation may evoke fears in th=
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minds of his viewers does not mean it is prohibited. It would be different=20
if he directly threatened the people, for example if the box said C4 or=20
"Bomb" instead of fear. One thing confusing the issue is how fearful many o=
f=20
us are now because of terrorism coming to the U.S. Any box sitting on the=20
floor of a train station or an airport could instill fear in many of us. I=20
think the artist was trying to get us to look at this pervasive fear. It=20
appears to have been successful. This does not make it a crime; this makes=20
it an effective expression. We do not have to like it or agree with it. =20
That is the whole point of free speech. We all benefit greatly from free=20
speech. I hope I have added something to the discussion. Keep up the free=20
speech.
Dan, looking past the "free speech issue" for one moment, can the artist,=20
teacher or school either be fined or sued for damages caused even if/though=20
it is a free speech issue?
If the answer is yes, and if you were acting as the school's attorney, how=20
would you advise them to proceed concerning projects on public or private=20
property in the future?
Thanks for your input, Bob Bruch
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