Antagonism/ Agonism:
There are several controversies surrounding Richard Serra’s Tilted Arc (1981). Serra’s essay “Art
and Censorship” (1991) highlights an often undiscussed aspect of public art:
political rhetoric shrouded by the guise of ownership over a work. While Serra
brings up valid points about who owns a work commissioned by a government or
independent agency, the artist also implies the meaninglessness of legislation
adopted by a government when a key aspect of the Act is intentionally omitted.
The focus on the omission of the moral rights clause in the U.S. adaptation of
the Berne Convention Implementation Act of 1988 raises more questions about
government enforced censorship in a nation that claims freedom of speech and
expression as a founding idea. At the same time, once ownership is established,
why would an artwork’s creator be allowed a say in what happens to the work? In
this instance, control and ownership rights battle over aesthetic appeal,
contractual obligations, and First Amendment rights. Without knowing the exact
wording of the General Services Administration (GSA) Art-in-Architecture
contract for the funds awarded to Serra, I am unable to speculate as to whether
one should override the other.
Similarly, in Michael Brenson’s article, “The Messy Saga of ‘Tilted
Arc’ Is Far From Over” (1989), the author attempts to balance between both
sides of the argument. Brenson states the GSA is not an independent agency and the
sculpture was doomed before the first complaint arose because the regional
administrator and the 1985 Tilted Arc
open hearing chairman, Mr. Diamond, did not like the work. Furthermore, Brenson
states three-fifths of the hearing’s panel were the chairman’s appointees,
implying an automatic bias built into the panel by Mr. Diamond. The 1988 Court
of Appeals ruling resolves some questions about owership, yet opens more
concerns about the censorship to which Serra (1991) refers in his essay. Both
Serra and Brenson indicate art that is generally palatable to “the community”
(Serra,1991; Brenson, 1989) is less likely to confront the public in a way that
makes artists think three or four times before deciding to apply for government
funding for a public work and homogenize the ideas presented to a diverse
community.