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Court puts Giuliani in his place

The embattled Brooklyn Museum of Art finally got a break Monday. New York Mayor Rudolph Giuliani's half-baked plan to usurp a portion of the museum's annual $7.2 million in funds was struck down by a federal court judge, who said Giuliani violated the First Amendment.

After every right-wing advocate and religious zealot in the New York area and beyond denounced the museum, Giuliani decided to take action by spearheading a campaign to level it.

Then it became a dog fight.

On one side, First Amendment advocates who were infuriated by Giuliani's decision to withdraw city funds solely because the exhibit - which features a picture of the Virgin Mary splattered with cow dung and a vivisected pig - was rendered "offensive."

On the other side, a mayor looking to become New York's next senator who decided that trampling on the Constitution is perfectly reasonable if his religious beliefs are tarnished.

And in the end, the referee - Federal Judge Nina Gershon - decided that in America, negating artists' rights is unacceptable and withholding funds to a house of education and culture is deplorable.

In his vintage arrogant style, Giuliani called Gershon's decision "the usual knee-jerk reaction of some judges."

Oh, the hypocrisy.

If anyone had a knee-jerk reaction, it would be Giuliani. His ignorance of federal law, combined with his inability to remove his personal religious beliefs from his job as mayor, are inexcusable. Thankfully in this country, citizens have the right to challenge politicians' decisions.

"This is a victory for the citizens of New York and for freedom of expression across the nation," said museum board chairman Robert Rubin. "We believe that the people of New York and the nation are intelligent, independent-minded and, as guaranteed under the First Amendment, able to decide for themselves what exhibitions to see, books to read and opinions to express."

Rubin raises an important point - one that Giuliani and others tend to forget:

It's a personal choice to view the exhibit. It's also a personal choice to avoid the exhibit.

Either way, it's none of Giuliani's business.

Nobody is handcuffing New Yorkers and dragging them into the museum. For that matter, the amount of tax money the museum receives per person is infinitesimal.

"This is all about dollar signs," Giuliani said. "It isn't about free speech. It's actually a desecration of the First Amendment, as much as it is a desecration of religion, to use the First Amendment as a shield in order to take money out of the taxpayers' pockets in order to put that money into the pockets of multimillionaires."

But the question remains - how is this issue not about free speech, as Giuliani claims?

The mayor and a clan of overly religious people tried to withdraw funding from this museum solely on the basis of the exhibit's content.

It had nothing to do with monetary mismanagement or illegal activity by curators.

The exhibit causes no physical harm. It's disgusting to some, but it's art to others and no politician has the right to make that distinction.

In these times, as more of our basic rights are jeopardized, we must continue to fight those who attempt to stomp on our freedoms.

And Gershon was absolutely right.

"There is no federal constitutional issue more grave than the effort by government officials to censor works of expression and to threaten the vitality of a major cultural institution as punishment for failing to abide by governmental demands for orthodoxy," she said in her decision.

Politicians exist to carry out the wishes of their constituents.

But when Giuliani threatens his constituents' rights by using mayoral power to financially ruin an established cultural center, he does nothing but a disservice.

A public servant listens to the wishes of all his or her constituents and then decides to take action using public policy as a guide.

Giuliani did nothing of the sort, and because of his intolerance for their rights, New Yorkers should seriously consider whether or not to elect him to federal office.