Republican-Led Bill Would Penalize Texas Museums for “Obscene” Art 

Following the seizure of Sally Mann’s photographs from an art exhibition in Texas in January, the state’s museums could face new penalties if the attorney general finds them to contain “certain obscene or harmful material” under a new Republican-led bill.

The proposed civil penalty comes months since Fort Worth Police confiscated photographs by Mann that were on display at the Modern Art Museum of Fort Worth after conservative officials and organizations made baseless child pornography accusations. The new bill was introduced to the state legislature last month by Texas District 91 Representative David Lowe, who joined a cacophony of conservative figures in December to allege that Mann’s photographs of her children were “exploitation” and “normalize[d] … the breakdown of the God-ordained definition of family.”

While no charges have been brought in Mann’s case, museums could face penalties as high as $500,000 for every artwork they display that contains “certain obscene or harmful material” if the bill passes. Under the proposed legislation, the state could also tack on charges for each day these artworks remain on view.

If signed by Governor Greg Abbott, the measure could be enacted by September 1. Civil rights groups, including the American Civil Liberties Union (ACLU) of Texas, caution that the proposed legislation is meant to intimidate artists and curators and suppress free speech. 

“No state legislature has the power to criminalize or ban expression that is fully protected by the First Amendment,” Elizabeth Larison, the director of the arts and culture advocacy program at the National Coalition Against Censorship, told Hyperallergic. 

Last week, a Tarrant County Grand Jury decided not to charge Modern Art Museum of Fort Worth employees for exhibiting Mann’s photographs in the group show Diaries of Home, a Tarrant County District Attorney’s Office spokesperson told Hyperallergic. 

Diaries of Home, featuring 13 other artists, opened last November. The following month, the right-wing news site Dallas Express published a report after a resident said the exhibition featured “naked children and LGBTQ+ content.”

Lowe, told the Dallas Express in December that he would eliminate loopholes that allow “predators to misuse the realm of art to display child nudity” in the next legislative session. 

In a statement, Lowe told Hyperallergic that the exhibition of Mann’s photographs and subsequent media attention prompted his introduction of the bill. “This legislation is a crucial step in safeguarding our children’s welfare,” Lowe said.

Officials seized four of Mann’s portraits — including “Popsicle Drips” (1985), “The Wet Bed” (1987), and “The Perfect Tomato” — from the walls of the museum in January in a move the ACLU of Texas described as “unconstitutional censorship.” While they include nudity, the images are not sexual and have been widely published on major arts institutions’ websites. “Popsicle Drips” depicts a young boy’s genitalia, while “The Wet Bed” and “The Perfect Tomato” capture Mann’s daughters sleeping and jumping, respectively. Mann has defended her work. 

“All too often, nudity, even that of children, is mistaken for sexuality, and images are mistaken for actions,” Mann wrote in a 2015 essay. 

The Texas Attorney General denied Hyperallergic’s open record request for the police report that led to the removal of Mann’s works, citing confidential information relating to “a report of alleged or suspected abuse or neglect.”

Following the grand jury’s decision not to pursue charges related to Mann’s exhibition, the works will reportedly be returned to the museum, though the exhibition ended on February 2. 

“This bill threatens our constitutionally protected right to artistic expression in Texas,” ACLU of Texas Staff Attorney Chloe Kempf said in a statement shared with Hyperallergic. “The people of Texas, not government officials, should have the freedom to decide what forms of art we want to view and support.”

“As we recently witnessed with the attempted censorship of Sally Mann, legislation like this seeks to intimidate artists and curators through baseless investigations of, and penalties against, our artistic communities,” Kempf said. 

Modern Art Museum of Fort Worth, Mann, and the Fort Worth Police Department have not yet responded to Hyperallergic’s requests for comment.