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====Date: [[:Category:2016|2016]]====
====Date: [[:Category:1868|1868]] [[:Category:1870|1870]] [[:Category:1871|1871]]====


====Region: [[:Category:North America|North America]]====
====Region: [[:Category:Europe|Europe]]====


====Subject: [[:Category:Political/Economic/Social Opinion|Political/Economic/Social Opinion]]====
====Subject: [[:Category:Religious|Religious]] [[:Category:Explicit Sexuality|Explicit Sexuality]]====


====Medium: [[:Category:Public Art|Public Art]]====
====Medium: [[:Category:Literature|Literature]]====
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[[File:Free_the_Water.png|thumb|link=Free_the_Water]]
[[File:Confessional.jpg|thumb|link=The_Confessional_Unmasked]]
'''Artist:''' Antonio Cosme and William Lucka
'''Artist:''' The Protestant Electoral Union


'''Confronting Bodies:''' City of Detroit
'''Confronting Bodies:''' The British government, the Roman Catholic Church


'''Dates of Action:''' August-October 2016
'''Dates of Action:''' 1868, 1870, 1871


'''Location:''' Detroit, MI
'''Location:''' Great Britain


'''Description of Artwork:''' In 2014, two Detroit artist-activists, Antonio Cosme and William Lucka, painted the politically motivated graffiti slogan, FREE THE WATER, along with a fist of resistance on a Highland Park water tower. Cosme and Lucka are outspoken critics of Detroit's redevelopment scheme and the water shut-offs that continue to plague the city. The shut-offs have stirred widespread protests because they disproportionately affect the city's poorest residents.
'''Description of Artwork:''' The Confessional Unmasked was a pamphlet put out by the Protestant Electoral Union with the purpose of exposing the immorality of the practice of hearing confessions. The pamphlet was made up of the works of various Catholic theologians and contained descriptions of sexual concerns women confessed to priests.


'''The Incident:''' In August, 2016, the artists faced fines of up to $75,000 and a maximum jail sentence of four years on charges related to the malicious destruction of property and trespassing. Hyperallergic reported: 'In November 2014, police confronted Cosme and Lucka at the bottom of the tower, but nearly a year and a half had passed before police contacted them again about the incident. Then, a Detroit graffiti task force — a newly formed special unit charged with tracking and prosecuting taggers and graffiti artists — took over the case, claiming the cost of cleaning the tower would range from $45,000 to $75,000, Cosme says. Police raided Lucka’s home, taking many of his art-related materials, and eventually brought a slew of new charges against him, using one of the task force’s key tools: an expanding graffiti database. Cosme describes it as a “badass” archive of local street art despite its nefarious purpose. Using the database, the task force linked Lucka to multiple appearances of the tag “Astro,” which appeared on the water tower with “Free the Water.”'
'''The Incident:''' The Obscene Publications Act of 1857 gave the police of England and Wales the power to seize material they believed to be obscene and to get permission for the destruction of these materials from magistrates. The Confessional Unmasked was seized under this law but an appeal was made by the recorder, Benjamin Hicklin on the grounds that it was not intentionally obscene, that its intentions were to unmask immorality, and that only parts of the book were obscene. The court, however, upheld the order for destruction of the pamphlet. Out of this case came an important definition of obscenity made by Justice Cockburn who said "I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to immoral influences, and into hands a publication of this sort may fall." This definition, though unclear, was adopted not only in England but in the United States, Australia, New Zealand, South Africa, and India. The order for destruction did not stop people from selling The Confessional Unmasked and in 1870 a lecturer employed by the Protestant Union, George Mackay, was prosecuted for selling the pamphlet. The Union then went on to publish A Report Of The Trial of George Mackay with a new issue of The Confessional Unmasked included. These were seized and destroyed in 1871 by police.


'''Results of Incident:''' 10/25/16: The Free the Water Defense Campaign announced that artists Cosme and Lucka reached an out of court settlement with the state prior to their October 24th trial. A http://freethewater313.org news release reports: "Thanks to widespread community support and media coverage…[the artists] hammered out an arrangement for 1 year of nonreporting probation and 120 hours of community service each."
'''Results of Incident:''' It is not known whether the pamphlet continued to circulate after their seizure in 1871, but the court decision that originally ordered the pamphlet's destruction came to be known as the "Hicklin Rule" and had lasting importance.


'''Source:''' [http://us13.campaign-archive2.com/?u=e77a0c938f19df0639a65ece6&id=c488c1f05c&e=bcaa9a14bb Settlement Negotiated!]
'''Source:''' Censorship: A World Encyclopedia
 
[http://ncac.org/blog/detroit-artists-face-felony-charges-for-protest-graffiti Detroit Artists Face Felony Charges for Protest Graffiti], AUGUST 24, 2016
 
[http://freethewater313.org/ Free the Water] campaign
 
[http://hyperallergic.com/316946/two-detroit-artists-face-up-to-four-years-in-prison-for-political-graffiti Two Detroit Artists Face Up to Four Years in Prison for Political Graffiti], by Matthew Irwin, Hyperallergic, August 12, 2016
 
[http://artreport.com/apparently-painting-free-the-water-on-a-water-tower-can-land-you-jail-time Apparently Painting “Free The Water” On A Water Tower Can Land You Jail Time], by Bridget Casey, Art report, AUGUST, 2016
 
[https://www.theodysseyonline.com/freethewater-detroit-artists-fight-felony-charges-and-prison-time  #FreeTheWater: Detroit Artists Fight Felony Charges and Prison Time] by Brenda Montaña Aguilar, The Odyssey, July 19, 2016
 
[http://www.democracynow.org/2016/7/14/headlines/detroit_artists_fight_felonies_for_painting_free_the_water_on_tower Detroit: Artists Fight Felonies for Painting "Free the Water" on Tower], Democracy Now, JULY 14, 2016
 
[http://motorcitymuckraker.com/2016/04/18/water-shutoff-activists-face-possible-jail-time-for-free-the-water-mural Water shutoff activists face possible jail time for ‘Free the Water’ mural], by Steve Neavling, Motor City Muckraker, April 18, 2016
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Revision as of 15:35, 6 February 2023

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Date: 1868 1870 1871

Region: Europe

Subject: Religious Explicit Sexuality

Medium: Literature


Confessional.jpg

Artist: The Protestant Electoral Union

Confronting Bodies: The British government, the Roman Catholic Church

Dates of Action: 1868, 1870, 1871

Location: Great Britain

Description of Artwork: The Confessional Unmasked was a pamphlet put out by the Protestant Electoral Union with the purpose of exposing the immorality of the practice of hearing confessions. The pamphlet was made up of the works of various Catholic theologians and contained descriptions of sexual concerns women confessed to priests.

The Incident: The Obscene Publications Act of 1857 gave the police of England and Wales the power to seize material they believed to be obscene and to get permission for the destruction of these materials from magistrates. The Confessional Unmasked was seized under this law but an appeal was made by the recorder, Benjamin Hicklin on the grounds that it was not intentionally obscene, that its intentions were to unmask immorality, and that only parts of the book were obscene. The court, however, upheld the order for destruction of the pamphlet. Out of this case came an important definition of obscenity made by Justice Cockburn who said "I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to immoral influences, and into hands a publication of this sort may fall." This definition, though unclear, was adopted not only in England but in the United States, Australia, New Zealand, South Africa, and India. The order for destruction did not stop people from selling The Confessional Unmasked and in 1870 a lecturer employed by the Protestant Union, George Mackay, was prosecuted for selling the pamphlet. The Union then went on to publish A Report Of The Trial of George Mackay with a new issue of The Confessional Unmasked included. These were seized and destroyed in 1871 by police.

Results of Incident: It is not known whether the pamphlet continued to circulate after their seizure in 1871, but the court decision that originally ordered the pamphlet's destruction came to be known as the "Hicklin Rule" and had lasting importance.

Source: Censorship: A World Encyclopedia