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When is a sign not a sign? When it's art?
When is a sign not a sign? When it's art?
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"Nick Cave’s Truth May Be Writ Large, but Is It a Sign?/The village of Kinderhook, N.Y., is not thrilled with the mark this artist made on a gallery, so the municipal government is demanding that it come down" (NYT).
The black vinyl letters in the artwork “Truth Be Told” measure 21 feet high and stretch some 160 feet across the facade of the 1929 red brick building that now serves as the School, a branch of Manhattan’s Jack Shainman Gallery.
The artwork is intended to start a "conversation" about the death of George Floyd, but the conversation is "about whether the text-based work is technically a sign or not." If it's a sign, it's a violation of law and it needs to come down, because Shainman was denied a permit for a 21'x160' sign/not sign.
“I naïvely thought I could just explain it and they’d agree,” said Mr. Shainman, who is liable for a $200 fine for each day the work remains in place after the order to remove it was issued. “They were saying it’s a sign, and it isn’t.”
He put it up anyway and said, “We’re good people, doing something we’re allowed to do.” I love the "good people" argument. That's not how freedom of speech works! The "good people" get extra leeway. Is the argument that they have special rights because it's art or because they're the "good people"?
I love that the "good people" are represented by a lawyer named "Better" — William J. Better. He says the law defines a sign as “an announcement, direction or advertisement” and the "Truth Be Told" banner does none of those things.
But Better isn't taking the elitist position and saying the law does't apply because it's art. He's talking viewpoint discrimination: “If someone puts up ‘Seasons Greetings’ on their door for Christmas, would the village tell them to take it down? I think not.” What about a 21'x160' "Seasons Greetings"? You have to say that wouldn't be regarded as a "sign" within the meaning of the code.
But if there were an "art" exception... would there be a bad art/good art distinction? Because, truth be told, the letters fit so awkwardly on the building!
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