Well now we have a definitive answer to the Ethics Alarms Ethics Quiz that asked whether  it was responsible, fair, and ethical for Congressman Lacy Clay (D-Mo) to have the painting above displayed in the U.S. Capitol, and we don’t even have to use the ethics decision-making process I included in the post. (I note ruefully that readers were challenged to use the method to reach a conclusion, and none did.)

We don’t have to use it, because we now know some things we didn’t know at first, or at least I didn’t. Based on news reports when I first posted, I assumed that the work by high school senior David Pulphus was chosen by a designated committee, and that Clay was bound by the terms of the contest to hang the winning painting in the Capitol. That would have made the treatment of the obviously inflammatory artwork, which depicts the false Black Lives Matter narrative that Mike Brown was gunned down in Ferguson by a racist cop without cause, an ethics conflict, pitting the First Amendment and the obligation to fulfill  a commitment against the inclusion of racially divisive art in the Capitol, which is irresponsible.  Now we know, however, that Clay himself helped choose the painting, and that he did so despite the fact that the painting directly violated the rules of the contest, and thus was ineligible:

“While it is not the intent to censor any artwork, we do wish to avoid artwork that is  potentially inappropriate for display in this highly travelled area leading to the Capitol.Artwork must adhere to the policy of the House Office Building Commission. In accordance with this policy, exhibits depicting subjects of contemporary political controversy or a sensationalistic or gruesome nature are not allowed. It is necessary that all artwork be reviewed by the panel chaired by the Architect of the Capitol and any portion not in consonance with the Commission’s policy will be omitted from the exhibit. If an entrant is unsure  about whether a piece of artwork is acceptable, he or she should contact the staff of his or her  Member of  Congress; the congressional staff can speak with personnel who can determine whether the artwork would be accepted.”

The painting is beyond question  “depicting subjects of contemporary political controversy or a sensationalist or gruesome nature.” In allowing the painting to be entered, participating in selecting it, seeing that it was chosen as the winner, and hanging such an inflammatory work in the Capitol, Rep. Clay was… Continue reading →