Case involving Vermont Law School mural gets federal appeals court hearing

ACLU sides with law school in opposing compelled speech

Vermont Business Magazine The United States Court of Appeals for the Second Circuit will hear arguments on Friday about whether Vermont Law and Graduate School (formerly Vermont Law School) can be compelled to display murals it commissioned in the 1990s and has since deemed unsuitable for view. The murals by artist Sam Kerson depict enslaved people escaping via the Underground Railroad to Vermont, and many in the law school’s community have objected to their portrayal of Black Americans.

The ACLU of Vermont argued in an amicus brief filed last year that, while Kerson had a First Amendment right to create his art, the court should not compel VLGS to continue to display expressive content inconsistent with its mission and values.

An entity’s display of an artwork amounts to that entity’s own speech—and the First Amendment does not permit an institution like VLGS to be compelled to display an artwork it no longer wants to display.

When: Friday, Jan. 27, 2023, at 10:00 a.m.

Where: United States Court of Appeals for the Second Circuit. Hearing can be live streamed here.

What: Hearing on Samuel Kerson v. Vermont Law School. Find the ACLU of Vermont’s amicus brief here.

Why: The artist’s right to display their artwork cannot trump the right to not display art inconsistent with the school’s values.

Who: The ACLU of Vermont submitted an amicus brief supporting the position of Vermont Law and Graduate School (VLGS).

ACLU of Vermont, Montpelier, acluvt.org