The Texas House of Representatives is considering a new bill in response to the recent controversy surrounding the photographs of renowned artist Sally Mann. Following an incident at the Modern Art Museum of Fort Worth in January, where Mann’s photographs from her exhibit Diaries of Home were accused of constituting child pornography, Representative David Lowe has proposed House Bill 3958. This bill seeks to ban the display of “obscene” artwork in Texas museums and impose severe penalties for violations.
The controversy began when a complaint was filed against four of Mann’s photographs, alleging that they were obscene and constituted child pornography. The case was closed last week with no charges brought against Mann. Despite this, Rep.
Lowe, a Republican from North Richland Hills, filed the bill to create a civil penalty of up to $500,000 for each obscene item displayed and for each day the display continues. The bill defines obscenity as materials or performances that depict sexual conduct offensively and lack any literary, artistic, political, or scientific value. “The bill was introduced because the protection of children is paramount, and I am committed to doing everything within my power to safeguard them,” Lowe said in a statement.
Obscene art ban considered
“The situation involving actual nude photos of minors, not mere artistic depictions, displayed at the Modern Art Museum of Fort Worth spurred me into action. We must dedicate ourselves to protecting children from any institution that might seek to harm or exploit them under the pretense of art.”
The images in question are from Mann’s 1992 book Immediate Family, which features nude photos of her children.
The exhibit, which included a naked girl jumping on a table and a boy with liquid running down his body, has drawn intense criticism. Mann, a prominent figure in the world of photography, has defended her work, stating that “all too often, nudity, even that of children, is mistaken for sexuality, and images are mistaken for actions.”
Chloe Kempf, a staff attorney at the ACLU of Texas, voiced strong opposition to the proposed legislation. “As we recently witnessed with the attempted censorship of Sally Mann, legislation like this seeks to intimidate artists and curators through baseless investigations and penalties against our artistic communities,” Kempf said.
“The people of Texas, not government officials, should have the freedom to decide what forms of art we want to view and support.”
If passed and signed by Governor Greg Abbott, House Bill 3958 will take effect on September 1. Its provisions grant the Attorney General authority to seek injunctive relief, impose civil penalties, and recover reasonable attorney’s fees and costs associated with any legal action. The debate over Mann’s photographs has sparked a broader discussion about artistic expression and censorship, highlighting the tension between protecting children and preserving artistic freedoms.
It remains to be seen how this legislation will impact both the legal landscape and cultural institutions in Texas.
