Private citizens demonstrating does not constitute government action.
Background
Art student Dread Scott Tyler created a controversy with his art installation, What Is the Proper Way to Display a U.S. Flag? It features a montage of flag images and a flag lying on the ground near a wall with a blank notebook for viewers to write their responses to the question, “What is the proper way to display a U.S. flag?” The exhibit invites people to stand on the flag to access the notebook.
It was put on display at the School of the Art Institute of Chicago in 1989 and immediately attracted criticism. Some people felt leaving the flag on the ground and giving people an opportunity to step on it was disrespectful and a desecration of the flag. Others felt that the artwork sent a powerful message that challenged people to think about what the flag means to us personally and as a country.
The artwork sparked numerous symbolic protests. In March 1989, about 3,000 people picketed outside of the School of the Art Institute of Chicago. Along with picketing outside the art gallery daily, some veterans would pick up the flag, fold it up and leave it on the shelf. Others would come into the gallery and place the flag back on the floor.
Veterans groups filed a lawsuit in Cook County Circuit Court in an attempt to remove the display. The judge ruled against it. The Chicago City Council passed an ordinance making it illegal to stand on a flag. This was challenged in court in Aubin v. City of Chicago (1989). The American Civil Liberties Union provided legal representation for Tyler and nine other concerned artists in this case. Cook County Circuit Judge Kenneth Gillis ruled that the city ordinance was unconstitutional.
The following year, funding for the School of the Art Institute of Chicago was cut dramatically and many private donors pulled their donations.
The flag’s symbolism and its treatment through art and protest are still controversial today. Click here to read about the controversy over flag burning.
What Is the Proper Way to Display a U.S. Flag? Dread Scott Tyler, artist Website Timeline of censored art, 1989 National Coalition Against Censorship Veterans Won't Take It Lying Down--Flag Display Is Closed Los Angeles Times, February 28, 1989 3,000 Protest Chicago Exhibit of Flag on Floor Los Angeles Times, March 13, 1989 Art Teacher creates own work parodying Tyler Los Angeles Times, March 26, 1989 |