Transgression and the Criminalization of Dissent

Here's my contribution to the discussion on Transgression over at Winkleman and the subsequent thoughts on Barbarism over at Speaking of Ashes. Both excellent so heres my take - the criminalizaion of dissent. I happened upon a lecture last week at EyeBeam centered around the Critical Art Ensemble. It seemed very appropriate timing in the shadow of the NSA revelations. In case you are not aware of CAE's work over nearly 20 years, they have been exploring the intersection of art, technology, radical politics and critical theory. If there is a transgression zone, they have likely traversed its jagged edge.The panel discussion was for the purpose of promoting Marching Plague but equally to talk about the pending trial of Steve Kurtz, a founding member of CAE and an art professor at the University at Buffalo. For those that don't know, Kurtz found himself at the the intersection of personal tragedy and political nightmare. After calling 911 for his dying wife, his research and art studio were 'exposed' to authorities. Unfortunately for the artist, he was holding biologic materials as part of research for Marching Plague and his general art installations. (Sigmar Polke be warned!) In the current state of hysteria and big govt. 911 zealousness, Kurtz found himself charged with terrorism despite a well documented history as an artist working in the realm of Bio-art. I still remember how sensationalized the local nightly news was at the time. Kurtz was forced to face a Grand Jury, despite facts that he was charged with terrorism erroneously - including the supression of evidence. Apparently any citizen must face a Grand Jury regardless of mistakes by police, false witness, false evidence or suppression of evidence. That should give anyone pause. (If I'm wrong on this please correct me - anyone?)Once you enter the system all sorts of control over your life can be instantly lost. The terrorism charges have been rejected by the Grand Jury, but charges of mail and wire fraud are still on the books. If it works for mobsters, why not innocent artists? Kurtz is a social critic so why not shut him up? Seems to be the tac taken by the court and the FBI. This case is likely a precedent in the effort to criminalize dissent by the U.S. Attorney General's Office - where Gonzo is in charge - and no, not this Gonzo. We all need to ask why the FBI is so insistent in prosecuting this case for 2 years? Steve Kurtz is not some anonymous hack in the shadows. He has a long observed, documented, and revered career as an artist - and professor no less. Too bad his subject is the police state, fear mongering media and most recently the $billion lunacy and immorality of germ warfare programs - and the bad science that goes with them. Mis-appropriated funds anyone? Pet projects for military -industrial neo-cons? All these programs scrapped for decades, suddenly get a jump start right after Bushco take office. Even Francis Fukayama as he's publicly denouncing his brainchild, the Neo-Conservative agenda, couldn't resist saying - "watch out for the pending germ-warfare crisis". We'll never lose the end gamers and the lust for messianic returns but we must resist the abuses of free-thought and intellectual rigor, an intellectual rigor which I think CAE actually manage to succeed at doing. Interesting that no one mentioned them on the Winkleman thread? For more on the trial and case go here - CAE Defense Fund. This could have far reaching consequences - hello bloggers!!! Not only is this an assault on the Bill of Rights, but also, in my mind at least, seems emblematic of the waste, incompetence, mendacity and foolishness of those in charge of this nation and its courts. Is there not a better application of resources?

As a compendium to Kurtz's Rod Sterling'esque sequence of events, there is an essay over at The Difference Engine about police efforts against public photography. Its worth reading, again not surprising, but worth reading. The battleground is the UK but it is certainly applicable here in the States. The sphere for the public - what is left of it, becomes radically smaller with these sorts of efforts against not only artists but regular citizens as well. Here's a link (also provided in the post at The Difference Engine) for JPEG magazine called "Photography is Not a Crime". The irony here is that every second of our lives are photographed in public, on and within public property, paid for by public taxes -yet the public has no right of access.

So I'm left with the thought that transgression could become the very act of citizenship. To be a citizen and not a consumer is perhaps the greatest threat. For artists, this means that we cannot rely on smeared vaseline or 5th generation appropriated ugliness to be a (pretend) transgression - simply our tenacity for understanding and creating a thinking and feeling public sphere. Real Presences.