The Shifting Law of Sexual Speech: Rethinking Robert Mapplethorpe
Emily Kempin Professor of Law, NYU School of Law.
I would like to thank the University of Chicago Legal Forum for hosting me at the 2019 Symposium: “What’s the Harm? The Future of the First Amendment” where I presented an earlier draft of this paper. I’m also grateful to the New Museum of Contemporary Art for hosting me to speak on the anniversary of the Mapplethorpe trial at its event “‘Robert Mapplethorpe: The Perfect Moment,’ Twenty-Five Years Later” and to Kevin Moore and Fotofocus for curating the event. I am grateful for the insights of the other speakers at the event: Johanna Burton, Keith Haring Director and Curator of Education and Public Engagement at the New Museum; Jennifer Blessing, Senior Curator of Photography, Solomon R. Guggenheim Museum, New York; Paul Martineau, Associate Curator, Department of Photographs, the J. Paul Getty Museum, Los Angeles; and Britt Salvesen, Curator and Head of the Wallis Annenberg Photography Department and the Prints and Drawings Department, the Los Angeles County Museum of Art. Many thanks to Lillian Barany, Katherine Nemeth, and Jeffrey Waldron for superb research assistance and to Cynthia Adler as always for her comments.