Christoph Möllers on Art Freedom and Institutional Protection in Monopol Podcast

In the latest episode of Monopol's podcast "Fantasiemuskel," hosts Torsten Fremer and Friedrich von Borries discuss the tension between state funding and artistic freedom with constitutional lawyer Christoph Möllers. Möllers argues that art freedom, as enshrined in the German Basic Law ("Die Kunst ist frei"), primarily protects cultural institutions from political interference. The discussion was prompted by the Documenta Fifteen scandal in 2022, where an antisemitic banner by the Indonesian collective Taring Padi was displayed and later removed. Möllers, who served as a legal expert on the Documenta commission, criticizes the hypocrisy and silence of those responsible. He emphasizes that art freedom is not a license for anything, but rather a safeguard for institutions that enable art. The state should fund art without dictating content, similar to academic freedom. Möllers borrows from Niklas Luhmann, stating "Not domination, but sensitivity is the motto." He warns that even a seemingly harmless call from a ministry asking to review a catalog before printing constitutes an infringement on institutional freedom. The episode explores the end of the post-1960s consensus that art should be left alone, and the need for clear responsibilities in conflicts between art freedom and other principles like combating antisemitism.