August 8th, 2016
David Wojnarowicz (see Sep 14)
The University of Illinois art gallery hosted a retrospective of David Wojnarowicz’s collages called Sex Series, in which, interspersed among larger scenes depicting social control and violence, were smaller images of sexual activity. While the series was called, Sex Series, the sexual content was hardly the point. “The images I use are just naked bodies, sometimes engaged in explicit sex acts,” he explained. “I know that they are loaded images but I’m not just putting sex images on a wall, I’m surrounding them with information that reverberates against whatever the image sparks in people.”
Untitled, from Sex Series, 1990. The small image at the upper right corner depicting a man performing oral sex on another man appeared in Wildmon’s flyer. Click to enlarge.
A $15,000 grant from the National Endowment for the Arts paid for part of the cost of the show’s catalogue. Shortly after the show closed, the American Family Association’s Donald Wildmon sent out about 200,000 flyers to Congressional representatives, Christian radio stations, and AFA supporters, titled “Your Tax Dollars Helped Pay For These ‘Works of Art’,” with fourteen images identified as Wojnarowicz’s “works of art.” The “works” were actually small, selected details from the Sex Series, cut from the context of the larger images and the overall work. The flyer also included a small detail of another of Wojnarowicz’s 1979 collage Genet. That detail depicted Christ shooting up with a needle and tourniquet. To add to the mailing’s drama, the flyer was sealed in a separate envelope marked “Caution — Contains Extremely Offensive Material.”
In the process, Wildmon effectively became a collage artist in his own right, appropriating isolated details of images from Wojnarowicz’s works to create a separate work of his own. That was the basis Wojnarowicz’s lawsuit, charging Wildmon with slander and copyright infringement. In his court affidavit, Wojnarowicz charged that “the images represented in the Pamphlet to be my work have been so severely mutilated that I could not consider them my own.” He also told the Washington Post that the AFA had “creat(ed) pieces of their own. They’re not even my pieces, when they’ve gotten through with them.”
In David Wojnarowicz v. American Family Association and Donald E. Wildmon, Federal District Judge William C. Connor ruled in Wojnarowicz’s favor. The Judge ordered the AFA to send a “corrective mailing,” as approved by the Court, to everyone they sent the original pamphlet to, explaining the misleading nature of the original mailing. But because Wojnarowicz was unable to demonstrate any financial repercussions stemming from the AFA’s mailing, the judge only awarded him damages of $1. It would be the first time that an artist successfully sued a right-wing organization. Wojnarowicz insisted on a hand-signed check from Don Wildmon personally, with the idea of using the check in a future collage. Wojnarowicz never found a suitable work for the check, but he never cashed it either. Today, that check is housed in the Special Collections of the Fales Library at New York University.
[Source: Richard Meyer. Outlaw Representation: Censorship and Homosexuality in Twentieth-Century American Art (Oxford: Oxford University Press, 2002): 255-261.]
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