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PCJF challenges American University’s removal of Peltier statue

Letter issued on behalf of artist Rigo 23 responding to American University’s censorship of political art and expression

The Partnership for Civil Justice Fund, the constitutional rights and free speech legal organization, sent a letter today on behalf of artist Rigo 23 to American University’s General Counsel’s office following the school’s decision to capitulate to the FBI Agent’s Association’s demand that it censor artwork and remove his statue of Native American activist and political prisoner Leonard Peltier. Rigo 23 was given virtually no notice of the removal of the statue that is contractually scheduled to be displayed through April. He was told by AU that it was being removed based on “credible threats” “to the statue and to the surrounding buildings and people” the same day that the FBI Agent’s Association demanded it be removed.

The letter from PCJF Executive Director Mara Verheyden-Hilliard concludes:

“We hope that American University will not capitulate to these threats against a free society and, especially as an academic institution, have the courage to refuse to extinguish free expression. Removing this political art is an act of blatant censorship under threat and pressure of the FBI association and its supporters. We are entering a new period of American political life with open attacks on fundamental and cherished values of free speech that will require all people and institutions to stand up with courage and conscience, not merely lip service. Presented with the choice of free speech or political censorship, American University is making the public decision as to which side it stands on.”

The text of the letter is below.

The statue as it was originally displayed.
(Source: Rigo23)
The removal of the statue
(Source: @nbcwashington)

Letter from the PCJF to the American University General Counsel’s Office

Rigo 23 forwarded to me your email to him. My office is providing consultation to Rigo regarding American University’s stated intention to remove his artwork, the statue depicting Leonard Peltier, the Native American activist who has been imprisoned for nearly 40 years as a result of what are widely recognized as unfair and corrupted proceedings. As the University well knows, Mr. Peltier’s release has been called for worldwide, from Amnesty International to Nelson Mandela and other Nobel Laureates to human rights leaders throughout the United States.

Rigo 23 entered into a contractual agreement with AU to have this artwork displayed at a critical and unique moment of political expression, what is likely Mr. Peltier’s last chance for clemency. Rigo 23 has not agreed to have his artwork removed summarily and outside of the terms of the contract between the artist and AU by which the artwork is to be displayed until April 30, 2017 and which requires 30 days written notice of termination.

Moreover, he has expressed his concerns to AU that the rushed removal and disassembly of his artwork, without proper oversight and procedure will cause damage to his work. Subsequently he has been instructed by you that he may not communicate with any official of AU.

Please provide an immediate update on the status and structural integrity of his artwork.

AU informed Rigo with no appropriate notice, on Thursday afternoon before the long holiday weekend, that it was planning on removing his artwork. It claimed that it had “credible threats … received, to the statue and to the surrounding buildings and people.”

Please provide the dates, manner of communication, and contents of these threats and to what local and/or federal law enforcement agencies these threats have been reported so that we can determine the status of investigation into these threats. We presume that any such threats are being taken seriously and have been duly reported especially given that they are of significant enough magnitude to cause AU to immediately seek to censor and remove Rigo 23’s artwork from campus.

We are aware that the FBI Agent’s Association sent a letter to American University demanding the removal of the artwork on December 29th which is the same day that AU informed Rigo of its intention to remove it. That letter stated in part: “The FBIAA is committed to protecting the Constitution, and we appreciate the right to free expression. However, with that right comes a responsibility to consider the consequences of speech.” The timing of that letter coincides with the first report of alleged threats to American University and the statue, after the statue had been present for weeks without incident.

“We hope that American University will not capitulate to these threats against a free society and, especially as an academic institution, have the courage to refuse to extinguish free expression. Removing this political art is an act of blatant censorship under threat and pressure of the FBI association and its supporters. We are entering a new period of American political life with open attacks on fundamental and cherished values of free speech that will require all people and institutions to stand up with courage and conscience, not merely lip service. Presented with the choice of free speech or political censorship, American University is making the public decision as to which side it stands on.”

Sincerely,

Mara Verheyden-Hilliard