ple view as pornography, others view as art. The pros-
ecutors had to convince the jury that the pictures
were “obscene,” as defined by the Supreme Court in
the 1973 caseMiller v. California.The defense wit-
nesses, made up of art experts, saw the pictures in
the light of artistic freedom. Janet Kardon, a defense
witness, viewed the photographs themselves as sym-
metrical and classically composed figure studies,
while witnesses for the prosecution viewed the pho-
tographs as deeply offensive sexually explicit mer-
chandise.
This debate led to the decisive questions: Who de-
termines art and how does one know if something is
art? Ultimately, Barrie and the CAC were acquitted
in a much-publicized trial six months after the in-
dictment.
Impact The acquittal of the defendants was a reaf-
firmation of freedom of speech. Also, the obscenity
trial served to illustrate the struggle between the lib-
eral and conservative values of early 1990’s America.
As an issue, public arts funding remained in the fore-
front throughout the decade, and politicians contin-
ued the debate about the government’s need to
sponsor art. Indeed, some argue that the Mapple-
thorpe trial was a catalyst for bringing about the cul-
ture wars.
The Cincinnati Institute of Fine Arts temporarily
dropped funding for the CAC. Between 1990 and
1995, the NEA saw the abolishment of twenty catego-
ries of grants. Consequently, funding plummeted
and attempts were made to eliminate the agency. Ul-
timately, however, the Mapplethorpe trial broughtThe Nineties in America Mapplethorpe obscenity trial 551
Demonstrators in support of the late Robert Mapplethorpe’s controversial exhibit,The Perfect Moment, march through downtown
Cincinnati on April 6, 1990.(AP/Wide World Photos)