Confederate Monuments Can Save America: America's Founders Intended Art to be the Means to Create a Vibrant and Functioning Society

Abstract

The drafters of the US Constitution incentivized the creation of art. It was so critically important that they dedicated a clause to “promote the progress of science and useful arts.” It benefits society to have as much art as possible created. The Copyright Clause and the First Amendment aim to (1) allow communication to further self governance; (2) seek truth and allow ideas to compete on open market; (3) help humans reach full potential; (4) balance societal stability and change; and (5) promote tolerance. Art is a tool for accomplishing those goals because it heightens the senses and increases perception of the public; art is gateway to the past; and art conveys pictorially coded messages. Public art should start conversations, debates, even arguments. That debate leads to a robust American society where freedom of expression ensured a free market of ideas competing, with the best idea winning. As we remove Confederate monuments, it is time that we analyze many other public art monuments. What is the standard we apply and who decides what stays and what goes? It is up to us to face the uncomfortable truth that American society is atrophying and our Founders provided us with the means to remedy the damage - Art. If we are true patriots, we must have these difficult conversations, and to find some commonality. We can’t destroy monuments without building dialogue and understanding. Removal of the monuments will change nothing if we as a society cannot debate controversial ideas in a constructive way.

Presenters

Matthew Swanlund
Lecturer, School of Law, University of California Irvine, California, United States

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

The Arts in Social, Political, and Community Life

KEYWORDS

Copyright Clause, First Amendment, Society, Debate, Expression, Art, Public Art

Digital Media

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