Three civil liberty organizations are demanding the return of photographs by artist Sally Mann after they were confiscated from an exhibition at the Modern Art Museum of Fort Worth in Texas by local police.
The works were pulled from the show following allegations by politicians and locals that they were “child porn” earlier in January. The museum cooperated with the investigation.
The American Civil Liberties Union (ACLU) of Texas, the Foundation for Individual Rights and Expression (FIRE), and the National Coalition Against Censorship (NCAC) sent a joint letter to the chief of the Fort Worth police on Wednesday asking for an end to the investigation on the grounds that seizing the images—and continuing to keep them from public view—is unconstitutional, as it violates the First Amendment.
“It’s shameful that government officials would use the criminal legal process to censor art and expression,” Adriana Piñon, legal director of the ACLU of Texas, said in a statement. “This is a clear violation of the First Amendment and of the guardrails against abuse of the criminal justice system. Artistic expression should not be subject to the whim and punishment of government officials’ personal taste.”
A police official told the Dallas Morning News that there were no updates on the investigation at this time and that the images still remain in a police department property room.
Mann has regularly faced controversy about her depictions of children. She became known for photographing her home in Lexington, Virginia; some of her shots have featured her own children in the nude. These photographs do not depict sexual activity.
“Anyone who’s ever taken a photo of their child or grandchild taking a bath understands that not all photographs of child nudity are malicious, let alone child abuse,” Aaron Terr, director of public advocacy at FIRE, said in a statement. “The seizure of Mann’s works is an egregious abuse of power that dishonestly conflates artistic expression with sexual exploitation.”
The group exhibition “Diaries of Home” features the work of 13 women and nonbinary artists who, according to the museum’s website, “explore the multilayered concepts of family, community, and home.” The website includes a warning that the show features “mature themes that may be sensitive for some viewers.”
