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The Ball State Daily News – BEWILDERED SOCIETY: Penis snow sculpture raises concern:

“I never thought it would be such an issue,” Kody Gibson, a Ball State University senior, said, speaking of his six-foot tall penis made entirely of snow and ice.

Put that in your pipe and smoke it, Frosty.

Last week, Gibson and his roommate, graduate student Andy Frazer, decided to lend their artistic hands to building a snow sculpture in their front yard. Instead of a traditional snowman or snowwoman, they decided to take a whack at something slightly more controversial.

“I guess it could be attributed to all the E.D. [Erectile Dysfunction] ads on TV,” Frazer said.

On the way home from class Feb. 9, Gibson stumbled upon Frazer in the midst of erecting the figure and decided he’d help him out. Hours of labor and a yard-ful of snow later, their masterpiece was complete.

Said artwork was on display for all to see at the students’ Bethel Avenue residence, located just across the street from Worthen Arena. The structure was detailed in shape and took some balls to make.

Two of them, precisely.

“People were pulling over to take pictures of it,” Gibson said. Bethel Avenue is a highly traveled road during daylight hours, making the display all the more noticeable. At one point, a mother and her child even stopped by.

“Hey, it’s a lighthouse!” Gibson told the mother.

“Well, my son says it’s a penis — and he’s five,” the mother responded with amusement, Gibson said.

All was well and good for the duo, until their winter fun took a chilling turn for the unexpected.

“Soon after, four [Muncie] police officers arrived and informed us that they had received several complaints,” Gibson said.

Captain Charles Hensley of the Muncie Police Department told the Daily News that the sculpture was considered a “noncriminal violation” and that the officers had “strongly recommended they get rid of the object.”

“If you describe it as art, and I don’t agree, I can’t force you to take it down,” Hensley said. He added that it was the second time that week the department had a situation of this nature.

Meanwhile, Associate Dean of Students David Fried was notified by MPD of the situation and was asked if the university could do anything, as the department could not.

“I explained that I wasn’t sure what we could do,” Fried said. He agreed to contact the students to discuss the situation further, explaining that, under BSU student code, the students could have been charged if it was disruptive (obscene) enough. Fearing any further hassle, Frazer headed outside and circumcised the structure down to a less offensive pile of snow. (He’s since regretted his decision.)

It is important to note that at no point were the students forced to take the structure down, either by university or MPD officials.

“I was mad,” Gibson said of his roommate’s action. “I said that it was our first amendment right [to have it up].”

Or, was it?

“It’s a question of fact: what is obscene?” Ball State Student Legal Services Attorney John Connor said.

Would it have been deemed that disruptive, the students would have been placed in front of a university board to decide their disciplinary fates.

“This is why there are hearings and trials,” Connor said, “to let reasonable people decide.”

As censorship has been a hot issue, it is anyone’s guess as to how an independent “jury” would decide on such a case. It does question the limits and jurisdictions of organizations, as well as the definition of such subjective words as lewd and obscene, though.

Talk about a hung jury.

“What the final outcome would have been is a question,” Connor said.

For now, the immediate worries have melted away, but hopes remain bright, err … cold, for Gibson.

“A lot of my friends have wanted to do it again,” he said. Frazer said he is not opposed to the idea.

Frosty was unavailable for comment.

Online Extra:
This story came to the DN via e-mail last week, and I’ve been following it since. Surely the particular situation is no longer an issue, but it still raises questions as to just how far the university can, for lack of a better word, censor its students.

It’s interesting in my research how easily people ran from the situation. All of the sources who talked with other DN staff or I were kind and more than willing to share what they could of the situation. However, things got interesting when we put the situation into hypothetical “What would have happened if…” mode.

Fact of the matter is, no one really had a straight answer. It’s uncharted waters, as with most censorship cases. Despite what some may call an immature display by a couple of college males, this really did test the bounds on where one person’s first amendment right starts and the other person’s ends.

We discussed in the newsroom the difference between the snow figure and, say, us throwing a massive cross in the front yard. It may offend some or comfort others, but does it make it any more right or wrong? What if that cross has Jesus Christ hanging from it? What if that cross is burning? What if it was a picture of Janet Jackson’s right nipple?

They are all questions that, short of judge and jury, no one can truly answer. Outside of Federal Communications Commission bounds on broadcasts, the guidelines of censorship are quite often sketchy, furthermore self-imposed and self-regulated.

We don’t really know what would have become of this story – which is good and bad on many levels. Good for the sake of saving time and energy of those involved, but bad because the limits were never really tested.

Meanwhile, the issue is nothing more than a soft spot on the lawn.

Aside from that, I’m still wondering how in the hell a five-year-old figured it out.

Maybe we’ve got bigger problems…

Pictures
The students have provided the following pictures – enjoy. As always, your comments are welcome here, by e-mail and at the DN | Online.
photos courtesy | james yarnelle

Kody Gibson, Ball State senior and Andy Frazer, Graduate student.

Muncie Police officers outside the students’ residence.

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