Walters Defends Artist's Free Speech Rights

Walters Defends Artist's Free Speech Rights

PROVINCETOWN, Mass. — Industry attorney Lawrence Walters has taken on a case of significant importance in free speech circles — one that challenges an artist over his reproduction of Florida’s state seal.

Walters, counsel to numerous adult entertainment companies and whose FirstAmendment.com domain spells out his particular interest of law, represents Jay Critchley, a Provincetown, Mass., multimedia artist known for his provocative works.

In a multimedia presentation he unveiled earlier this year, Critchley used Florida's state seal inside the "O" in the words "Mobil Warming."

"Mobil Warming," in Critchley’s presentation, is the name of a mock corporation that plans on selling the remains of Miami Beach as an island resort destination.

Miami has been listed as potentially the most vulnerable city worldwide in terms of property damage, with more than $416 billion in assets at risk to storm-related flooding and sea level rise.

In Critchley’s new island of Miami Beach, residences start at $22.5 million and the privileged can enjoy "indoor beaches" in "border-secure, sustainable island living with all the comforts you deserve."

In a cease-and-desist letter, Florida Gov. Scott's administration objected to Critchley's inclusion of the seal in the art piece, saying that use of the state seal requires a permit, according to Florida law.

Walters sent a letter back to the governor’s legal counsel stating that his client “enjoys a First Amendment right to continue his publication of the seal in his political speech. We therefore request that your office retract the demand.”

For Walters, the case is “one of the clearest First Amendment violations I’ve seen in my years of practice.”

“The government claims that you must obtain its permission to use a particular symbol in political speech that is critical of the government,” Walters told XBIZ. “At the same time, the government can prohibit you from using that symbol unless it promotes the government’s goals.

“This gives the government a monopoly on use of the symbol in any way that the government doesn’t like. This kind of prohibition is antithetical to the First Amendment.”

Walters, also a member of the First Amendment Lawyers Association (FALA), went on to say that the cease-and-desist letter from the governor’s office imposes a prior restraint on Critchley’s protected speech, and creates a content based restriction, in violation of the First Amendment.

“The permit requirements are both overbroad and vague, and give the government unlimited discretion in deciding who will receive a permit to use the ‘Great Seal,’” he said. “We hope that, upon some thoughtful reflection over the holidays, the state will see the constitutional problem here, and rescind the cease and desist demand.”

Walters, who took the case pro bono, said he has not heard back from state officials about retracting the demand letter.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More