Artists receiving federal grants to create artwork must sign a pledge stating their works will not be obscence, but the current definition of obscenity is being called “vague and restricting” by some in the art community.

If artists vilolate the pledge, they could be forced to reimburse the National Endowment for the Arts for their full grants.

The pledge states artists who receive federal grants will not use federal money to produce works that might be considered obscene.

NEA Chairman John E. Frohnmayer said “art and obscenity are opposites. Obscenity will not be funded with taxpayers’ money.”

But Jerry Meyer, acting chairman for NIU’s Art Department, said, “it’s very difficult to define osbscenity and I think most artists would consider it (the pledge) a prior restraint.”

One person’s opinion of art might not match another person’s, Meyer said.

The NEA currently is using the definition of obscenity established by Congress, although the United States Supreme Court also established a definition.

The Congressional definition states artwork is considered obscene when, “taken as a whole, the average person, applying contemporary community standards, would find appeals to the purient interest; depicts or describes sexual conduct in a patently offensive way; and, taken as a whole, lacks serious literary, artistic, political, or scientific value.”

However, NEA spokesman Virginia Flack said the group uses Congress’ definition of obscenity because it is solid, but “even though the Supreme Court definition is very vague, that’s the one we will use” if we (the NEA) have to decide on a case involving obscenity.

The Supreme Court definition was not available.

Meyer said an artist who ignores the definition of obscenity and violates the required pledge might be legally forced to return the money or be prosecuted for a “sort of breach of contract.”

And, he said, the pledge could hinder artistic creativity and expression. “The pledge will almost always censor works that are obscene,” he said.

“The arts often deal with subjects that are disturbing to us,” Meyer said.

But the NEA doesn’t think obscenity is art. “I and the National Endowment for the Arts oppose obscenity unequivocally. It is the antithesis of art. It is without soul. It conveys no message. It degrades humanity, and it sickens me,” Frohnmayer said.

“It is difficult for people to decide what is simply obscene and what has some artistic qualities,” Meyer said. Obscenity is a subjective thing, he said.