Clinton Fein

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Clinton Fein (born 1964 in South Africa) is an artist, writer and activist, noted for his
company Apollomedia and its controversial website Annoy.com and its Supreme
Court victory against Janet Reno, United States Attorney General, regarding
the constitutionality of the Communications Decency Act in 1997.[1]
This victory, a landmark for First Amendment rights, won Fein's right to disseminate his
art.[2] Fein won another federal First Amendment lawsuit to remove a government-
imposed gag order.[3] As recognition, Fein received a nomination for a PEN/Newman's
Own First Amendment Award in 2001. Fein now presides the board of First Amendment
Project, a nonprofit organization that protects and promotes freedom of information,
expression, and petition.

Contents

 1Early life and career

 2Art and law
 3Art, politics and censorship
 4References
 5External links
o 5.1Bibliography
o 5.2Articles
o 5.3News
o 5.4Publications
o 5.5Art, editorials and writing

Early life and career[edit]

Born and raised in Johannesburg, South Africa, Fein graduated from the University of
the Witwatersrand, Johannesburg, in 1986, with a Bachelor of Arts in Industrial
Psychology. After living in New York for a couple of years, Fein moved to Los Angeles,
where he began reporting directly to the President of Orion Pictures, as part of the
creative team for numerous films, among them Academy Award-winning Dances with
Wolves and The Silence of the Lambs.
From the outset, Fein's work has led him into some high-profile confrontations. In 1994,
his CD-ROM Conduct Unbecoming: Gays and Lesbians in the US Military, based on the
book by renowned investigative reporter Randy Shilts that examined the issue of gays
in the military, used digital technology as an art form. When the US Navy unsuccessfully
attempted to block its release,[4] it became the first CD-ROM to triumph under First
Amendment protections.[5] Conduct Unbecoming won the Critic's Choice Award, was
praised by Wired Magazine as "a tantalizing peek at the potential of CD-ROM
publishing," and dubbed "evolutionary" by Rolling Stone Magazine.[6]

Art and law[edit]

Fein was the first South African-born American to challenge government restrictions on
technological communications when he filed a federal lawsuit 30 January 1997. [7] Fein,
represented by Michael Traynor of Cooley Godward LLP and by William Bennett
Turner of Rogers, Joseph, O'Donell and Phillips, filed a lawsuit against Janet Reno,
former United States Attorney General, challenging the constitutionality of the
Communications Decency Act (CDA).[8]
The CDA made the communication of anything "indecent with the intent to annoy", a
felony punishable by a fine and up to two-year imprisonment. President Bill
Clinton signed the CDA into law in February 1996. Fein filed the lawsuit, Apollomedia v.
Reno,[9] the same time he launched his Annoy.com web site. [10] A three-judge panel
in United States District Court for the Northern District of California made a divided
decision on the lawsuit.[11] Fein filed a Supreme Court appeal, which he won in 1999.[12]
In June 1999, the U.S. government sent Fein an order to reveal a user of
Annoy.com's e-card service.[13]
Earlier, in April 1999, the University of Houston tried unsuccessfully to obtain the
website's records. The government later ordered Fein to stop discussing details of this
investigation, its existence or its application. In United States v. ApolloMedia, Fein
argued that this gag order violated the First Amendment and the statutory requirement
that it have a definite duration.[14]
The case moved from a Texas magistrate court to the United States District Court for
the Southern District of Texas and then to the United States Court of Appeals for the
Fifth Circuit.[15] The Fifth Circuit granted the appeal. The District Court then unsealed the
website's records and all related proceedings and lifted the gag order.

Art, politics and censorship[edit]

As an artist, Fein is represented by Toomey Tourell in San Francisco and Axis
Gallery in New York, and his shows have been dogged by controversy. In 2001, Fein
was scheduled to open a solo exhibition, Annoy.com, (based on his critically
acclaimed[16] web site of the same name), in San Francisco in October. After
the September 11, 2001 attacks, Artforum Magazine pulled an advertisement for Fein's
show from their October issue. The advertisement displayed an image of a purse-lipped
former New York mayor, Rudy Giuliani, sitting naked in a urine-filled glass, referencing
the technique used by artist Damien Hirst, in which animate objects are soaked in
formaldehyde and encased in a glass containers. Fein's advertisement, designed to link
Mayor Giuliani with mayoral candidate Michael Bloomberg, incorporated imagery from
the exhibition Sensation that resulted in mayor Giuliani withholding funding from
the Brooklyn Museum. Clutching a crucifix with a nod to artist Andres Serrano and with
another Giuliani targeted work, Chris Ofili's Virgin Mary forming the backdrop, copy on
the top of the image reads: "Mike for Mayor" and at the bottom, "Start Spreading the
News."
Artforum Executive Editor Knight Landesman stated that the magazine was
understaffed and that the editors did not feel comfortable publishing a disparaging
image of Rudy Giuliani.[17]
In October 2004, Palo Alto-based printing company Zazzle destroyed two of Fein's giant
images.[18] just before the opening of a solo exhibition at Toomey Tourell Gallery. [19] The
first of the images, reviewed at Chelsea's Axis Gallery by The New York Times' Ken
Johnson,[20] was described as "an American flag with the stars and stripes made from the
text of the official Abu Ghraib report ... accompanied by fifty representations of the
iconic image of a hooded man teetering on a box with wires trailing from his arms
comprising the stars." The other depicted President Bush on a crucifix and was entitled
"Who Would Jesus Torture?" The printing company told San Francisco Chronicle art
critic Kenneth Baker that it had "destroyed the images"; [21] company spokesperson Matt
Wilsey claimed the image might "offend Christians," and threatened to sue Fein for
defamation if Fein publicly criticized the company's actions.
"Who Would Jesus Torture?" was published in Art of Engagement, Visual Politics in
California and Beyond, by Peter Selz, released in November 2005, and exhibited at the
Katzen Arts Center at American University in 2006. (Peter Selz is Professor Emeritus of
the History of Art at the University of California, Berkeley, the founding director of the
Berkeley Art Museum, and a former curator of New York's Museum of Modern Art.) In
November 2006, "Who Would Jesus Torture" accompanied an article about Fein
in American Protest Literature by author and Harvard University lecturer Zoe Trodd,
published by Harvard University Press. It was this interview that Fein cited as a catalyst
for his exhibition Torture, which opened at Toomey Tourell gallery in San Francisco in
January 2007,[22] featuring gigantic, high-resolution photographs [23] that reenacted
infamous scenes from Abu Ghraib prison in Iraq [1].
Fein's Torture series was exhibited in Beijing [24] in September 2007[25] and in London in
October 2007.[26] A review in the December 2007 issue of Art in America magazine,
summed up the impact of Fein's Torture series, stating: "Torture of detainees or their
rendition to countries with even more abusive torture regimens has become semi-legal
under the Bush administration. Fein reminds us, however, that these practices can
never be anything less than intolerable." [27]
Fein is the current editor of First Amendment Project's web log and writes a blog,
Pointing Fingers [2] for the San Francisco Chronicle.

References[edit]
1. ^ Mills, Elinor (29 September 1998). "U.S. court protects 'annoying'
online speech". CNN. Retrieved  19 November  2014.
2. ^ Maclachlan, Malcolm (19 April 1999).  "Annoy.com Downplays
Supreme Court Defeat". TechWeb. Archived from  the original on 13 April
2001.
 3. ^ Rhine, Jon; Stein, Todd (15 September 2000). "Ungagged CEO of
Annoy.com sinks teeth into critics".  San Francisco Business Times.
Retrieved 19 November 2014.
4. ^ Ness, Carol (8 March 1995). "CD-ROM with gay sailors released".  San
Francisco Chronicle.
5. ^ "United States Navy Censorship Dispute". www.clintonfein.com.
6. ^ "Conduct Unbecoming Reviews". www.clintonfein.com.
7. ^ Hudson, David (25 September 1998).  "Federal court rules that
annoy.com may continue to annoy". First Amendment Center. Archived
from  the original on 28 August 2007.
8. ^ Delgado, Ray (21 October 1997). "Web site owner sues to limit
'decency' law". San Francisco Chronicle.
9. ^ Mendels, Pamela (31 January 1997).  "Asserting a Constitutional Right
to Annoy". The New York Times.
10. ^ "Apollomedia Corp. v. Reno". Netlitigation. 1998.
11. ^ Macavinta, Courtney (24 September 1998).  "Annoy.com free to bother
Netizens".  CNET.
12. ^ Biskupic, Joan (20 April 1999). "Court Upholds Ban on Obscene E-
Mail". The Washington Post.
13. ^ Quinto, David W. (23 July 2001).  Law of Internet Disputes. Aspen Law
& Business. ISBN 978-0735525924.
14. ^ "Declaration of Clinton Fein in Support of ApolloMedia's Motion To Stay
Paragraph 7 of Order". Annoy.com. 16 June 1999.
15. ^ "United States v. ApolloMedia: United States Court of Appeals for the
Fifth Circuit Opinion". Annoy.com. 15 September 2000.
16. ^ "The Best Sites of 1998". The Webby Awards. 1998. Archived from the
original on 7 June 2011.
17. ^ Fein, Clinton (12 November 2001). "Post Traumatic Press Syndrome:
The Full Story". Annoy.com.
18. ^ Johnson, Kresta Tyler (October 2004).  "Artist and advocate Clinton
Fein has his controversial images destroyed prior to exhibition". Artthrob.
19. ^ Ba-Isa, Molouk Y. (11 January 2005).  "Corporate Policy Leads to
Political Censorship". Arab News.
20. ^ Johnson, Ken (17 September 2004).  "Clinton Fein, "Warning" at
Axis". The New York Times.
21. ^ Baker, Kenneth (12 October 2004).  "2 of Clinton Fein's political works
run afoul of his printer's policies".  San Francisco Chronicle.
22. ^ "Clinton Fein: Torture". ArtNet.com. January 2007.
23. ^ Beaumont, Peter (9 September 2007).  "Iraq inspires surge of protest
art".  The Observer.
24. ^ Winn, Steven (22 September 2007).  "WWII fades into distant past, and
with it, our sense of patriotism".  San Francisco Chronicle. Archived
from  the original on 9 September 2012.
25. ^ "Art Beijing 2007". September 2007.
26. ^ Stoilas, Helen; Knox, James (12 October 2007).  "Bridge"  (PDF). The
Art Newspaper. Archived from the original  (PDF) on 3 May 2012.
Retrieved 11 November 2019.
27. ^ Selz, Peter (December 2007).  "Clinton Fein at Toomey Tourell". Art in
America.

External links[edit]
Bibliography[edit]
 Wikiquote has quotations
related to: Clinton Fein

 Clinton Fein Official Web Site

 Clinton Fein at Toomey Tourell Gallery
 Clinton Fein at Axis Gallery
 Clinton Fein and the Art of Political Protest  By Deborah
Phillips
 Clinton Fein is not afraid to make a statement By Kenneth
Baker, San Francisco Chronicle
Articles[edit]
 The Horror of Torture, Reinterpreted through Art  By Kenneth
Baker, The San Francisco Chronicle
 Precision Strike By Michael Leaverton, The San Francisco
Weekly
 The Bigger Picture 'Torture' By Reyhan Harmanci, The San
Francisco Chronicle
 Everything's Fein By Molly Freedenberg, Ventura County
Reporter
 As Nov. 2 nears, artists get in their last licks, sending up Bush
and company on center stage By Steve Winn, The San
Francisco Chronicle
 The Clinton Cabinet Surface Magazine
 The Importance of Being Annoying By Michelle Goldberg,
Metropolitan Magazine
 Designed to Annoy, Web Site Flouts CDA By Steve
Silverman, Wired
 Asserting a Constitutional Right to Annoy By Pamela
Mendels, The New York Times
 Does Anything Go? Limiting Free Speech on the Net:Five
Players Debate the Issue The Wall Street Journal
 U.S. court protects 'annoying' online speech By Elinor Mills,
CNN
 A very confusing decision KRON TV
 Additional articles
News[edit]
 Corporate Policy Leads to Political Censorship  By Molouk Y.
Ba-Isa, Arab News
 2 of Clinton Fein's political works run afoul of his printer's
policies By Kenneth Baker, The San Francisco Chronicle
  Annoy.com Webmaster says war art censored By Paul Festa,
C|NET
 Artist and advocate Clinton Fein has his controversial images
destroyed prior to exhibition By Kresta Tyler Johnson,
Artthrob Magazine
Publications[edit]
 American Protest Literature by Zoe Trodd, from Harvard
University Press, 2006.
 Art of Engagement: Visual Politics in California and
Beyond by Peter Selz, from University of California Press,
2006.
Art, editorials and writing[edit]
 Annoy.com
 Clinton Fein at Redroom.com
 Pointing Fingers on SFGate
 The First: First Amendment Project Blog
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