Home » About » Newsletters » June 2000
No More Censorship on Arts and Cultural Events
By Howard Simon, Executive Director
June 2000
Reprinted from The Miami Herald, May 17, 2000
Is it possible that, at long last, we might have an open discussion of Miami-Dade County's Cuba policies?
Not too long ago, local politicians simply retaliated against those who failed to toe the line. Recall the firing of Peggy McKinley from the Media Advisory Board for questioning the economic impact of the County's cultural embargo - an action still being challenged by the ACLU in court.
Of course County Commissioners have acted irresponsibly by using the Cuba Ordinance to drive business elsewhere - an estimated $40 million from the lost Latin Grammy Awards and another $130 million by rejecting the 2007 Pan-American Games, all because Cuban nationals might participate. But this issue is more about censorship than damage to the local economy.
Censorship is not merely the crude seizure of magazines from airport newsstands; it has also been imposed locally by the power of the purse.
On May 16th, a federal judge rightly ordered Miami-Dade County to accept applications for arts and cultural grants without requiring applicants to sign an affidavit swearing that they do not and have not engaged in business with a Cuban national, the government of Cuba, or persons engaged in business with Cuba. The judge referred to provisions of the affidavit as "offensive." At issue in the lawsuit filed by the ACLU are not just grants but the right to use publicly owned county facilities for artistic and cultural events. Currently arts organizations are not even permitted to use private funds to stage an event that involves a Cuban national.
The County Commissioners have illegally imposed these requirements despite federal law that exempts artistic, scientific and cultural exchanges from the embargo on trade with Cuba. The case is before the U.S. District Court because the County set May 16th as deadline for the submission of sworn affidavits to accompany grant applications.
Florida International University now faces economic retaliation from County Commissioners for showing Life Is To Whistle at the recent FIU/Miami Film festival apparently in violation of the Cuba Ordinance. The film nonetheless added to the public's understanding of the difficulties of life under Castro - as the plays of the South African playwright Athol Fugard gave us a better understanding of life under apartheid.
A majority of County Commissioners - and possibly a majority of County residents - may favor censoring arts organizations by prohibiting the spending of County dollars on what is politically incorrect in Miami-Dade County. But, and here's the rub, there are limits on the power that even a large majority can wield.
Government "may not prohibit the expression of an idea because society finds the idea itself offensive or disagreeable." That, the U.S. Supreme Court has said, is the bedrock principle underlying the First Amendment.
It is also hypocritical to impose censorship in Miami under the guise of fighting repression in Cuba.
