Blurred Lines

 

A federal judge ruled recently that the city of New Orleans violated the First Amendment rights of street artist Cashy D and property owner Neal Morris when the city censored a mural painted by Cashy D on Mr. Morris’s property for the NOLA (New Orleans, Louisiana) Mural Project. The mural in question quotes off camera remarks made by the current president when he was still a private citizen to Access Hollywood host Billy Bush. Those were the infamous “grab ’em by the p*ssy” remarks. For the mural, Cashy D painted pictograms to stand in for some of the words, and it was supposedly one pictogram in particular that some citizens and the city objected to, taking their case to court.

In a case like this, it’s probably impossible to separate politics from concerns about public display of lewd images. People engage in political displays on their own property all the time, the most prevalent example being electioneering signs. Those signs typically do not contain lewd images or profane language, though it’s possible some homemade versions might. Art displayed on private property where it can be viewed by the public is often subject to local zoning and nuisance regulations. The NOLA Mural Project artwork is a political statement expressed on private property within public view, and any lewd images and profane language it contains are directly related to the quotation from the political figure the creators are criticizing.


2015 Gay Pride Festivus Pole, Deerfield Beach, FL
A Gay Pride Festivus Pole and Nativity Scene on public display on private property in Deerfield Beach, Florida, in 2015. Photo by DavidCharlesFLA.

Simple as the language of the First Amendment to the Constitution appears, it is amazing how many different interpretations it has engendered over the years. It would seem fairly cut and dried, but obviously it is not, according to the nation’s judiciary. First Amendment cases decided one way by a lower court are often as not overturned by a higher court, an outcome that wouldn’t appear likely if it were not for the fallibility of judges and the judicial process, and the malleability of the law itself.

The current president may have made his foul remarks in private as a private citizen, but the way the American political game is played, he and his history became fair game once he entered public life, and remarks like those quoted in the Cashy D mural are indicative of his character, or lack of it, and become part of political discourse, their very offensiveness being the whole point of the mural. Political expression on public view from a private space is subject to interpretation and possible censure by the public, and its merits are therefore best judged on a case by case basis in the courts, as they should be, and not by bureaucrats and politicians in city halls around the country.
— Ed.

 

The Tenor of Our Times

 

Schadenfreude, a German term for taking joy in the misfortunes of others, has unfortunately become a predominant emotion in the public spheres of politics and media. After the 2016 election, some Republicans took more joy in the losses experienced by Democrats than in their own victories. There’s a difference there of feeling something based in negative views or in positive views. The experience of Schadenfreude also has shades of feeling, depending on whether the person laughing at someone else slipping on a banana peel is also the one who threw the peel to the ground.

 

In the first instance, the person is merely an observer, though that person’s laughter at another person slipping on a banana peel may be tinged with additional shades of meaning based on whether the two had any kind of relationship or whether the laugher’s joy comes from a pathetic affirmation of scorn for the unfortunate and a consequent boost to the laugher’s own low self-esteem. It is laughing at someone else’s expense in order to feel better about oneself. Throwing down the banana peel of course adds agency to the scenario, and more if it was done with the intention of victimizing another. The nasty twist comes when the person throwing down the banana peel manages to feel justified by claiming victimization from the person who will slip on it, and therefore in their eyes the person who slips gets just desserts. That is the scenario playing out in public discourse every day now.

HK Sheung Wan mall interior Wet Floor sign n mirror Oct 2017 IX1
A “Wet Floor” sign shaped like a banana peel at a shopping mall in Hong Kong in October 2017. Photo by Zhungwinsumtz.

It’s not hard to find examples, from the fallout of mass killings to the investigation into Russian election meddling; from hateful rhetoric about immigrants to hate crimes against brown-skinned people; from disparagement of liberal attitudes to intimidation of groups and individuals associated with those attitudes, such as Black Lives Matter or Gay Pride; and all of this done with the justification of being the victim. Not everyone who claims to be a victim seeks to redress the wrong they feel through negativity, an example being the civil rights movement of the 1950s and 1960s, in which positive attitudes prevailed despite horrifying provocations. Many of the people claiming victim status now as justification for their Schadenfreude, for their trolling of others by tossing banana peels, do so with spurious reasoning springing from self pity over the degradation of their imagined superiority. Claiming their superiority came from God or some other vaunted source and that its erosion by societal forces is evidence of evil at work is magical thinking, and it is damaging everyone.
— Ed.