U.S. Rep. Wm. Lacy Clay (D) Missouri went to federal court Tuesday morning to protect the 1st Amendment rights of a young constituent and to defend the Constitution.
Clay, Missouri’s senior Democrat in Congress, filed a lawsuit alleging that Stephen Ayers, the architect of the U.S. Capitol, had arbitrarily and unconstitutionally suppressed, and retroactively censored, the award-winning painting entitled Untitled #1, created by young St. Louis artist David Pulphus. The painting earned 1st place honors in the 2016 Congressional Art Competition in Missouri’s 1st congressional district.
“David’s remarkable painting Untitled #1 … had been on peaceful public display for seven months in the Cannon tunnel of the U.S. Capitol complex along with all the other winning entries from across the nation,” Clay said outside the E. Barrett Prettyman U.S. Courthouse in Washington, D.C.
“His artwork was initially reviewed, accepted and approved for public display under the very same standards and criteria that apply to all student entries in this prestigious, annual competition.”
Clay said that while the painting was viewed repeatedly by Members of Congress, congressional staffers, and thousands of visitors without incident or concern, the work was wrongly disqualified and removed from the public exhibit at the direction of the architect of the Capitol, who “shamefully chose to retroactively censor and suppress Mr. Pulphus artwork in response to the enormous political pressure he experienced from the Speaker of the House and certain right-wing media outlets.”
He called the action unfair, arbitrary and unconstitutional.
“And beyond that injustice this intolerable and unprecedented action by the Architect of the Capitol has not only deprived my constituent of his 1st Amendment rights, it has also sent a chilling message to young Americans that their voices are not respected; their views are not valued; and their freedom of expression is no longer protected in the U.S. Capitol.”
For Clay, the case is bigger than a student’s painting.
“This is about defending our fundamental 1st Amendment freedoms which are currently under assault in this country,” Clay said. “And that includes the right to artistic expression – even when that creativity is considered objectionable by some, and applauded by others. That right is strongly protected by Supreme Court precedent.”
He is seeking an appropriate remedy through this federal litigation and is proud to defend both the fundamental rights of his constituent and the 1st Amendment.
The case’s pro bono legal team includes: Leah Tulin, of Jenner & Block, a former Federal District court law clerk; James Williams, of Chehardy, Sherman, Williams ,who is a former civil court district judge; and Kymberly Everson, of the Pacifica Law Group.
“As a Member of Congress who reveres the Constitution, I am confident that justice will prevail,” said Clay.
