The image of hypocrisy

March 29, 2006

The 8”-by-10” photograph was hard to miss. Appearing on page A-3 of the Sunday New York Times on March 19, the black-and-white image of Erno Nussenzweig — a retired New Jersey diamond merchant and a member of the orthodox-Jewish Hasidic sect — stared out at readers just cracking open the morning paper. Taken in Times Square in 1999 by artist Philip-Lorca diCorcia, the picture hung in a well-received 2002 exhibition of diCorcia’s work at Chelsea’s Pace/MacGill Gallery, and it appears in the show’s exhibition catalogue. Nussenzweig, however, was not pleased with this notoriety: like virtually all ultra-orthodox Jews, he embraces the biblical injunction against “graven images.” And so Nussenzweig brought to the New York courts a legal challenge against such types of “street photography,” alleging that his privacy was violated when diCorcia snapped his picture and the gallery and catalogue displayed it. The Times chose to run the picture yet again — indeed, millions of times — to accompany its March 19 story on the lawsuit. This, from the same paper that elected — allegedly out of respect for Muslim sensitivities — not to republish any of the satirical Danish cartoons of Mohammed that caused an international uproar just last month...

Cases: Mohammed Cartoon Controversy: FIRE Response to Intimidation and Newspaper Disputes