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SERRA v. U.S. GENERAL SERVICES ADMIN.

Nos. 822, 823, Dockets 87-6231, 87-6251.

847 F.2d 1045 (1988)

Richard SERRA, Plaintiff-Appellant, v. UNITED STATES GENERAL SERVICES ADMINISTRATION; Terrence C. Golden, Administrator, General Services Administration; William F. Sullivan, Commissioner, Public Buildings Service, General Services Administration; William J. Diamond, Regional Administrator (Region Two), General Services Administration, Officially and Individually; Dwight Ink, Former Acting Administrator, General Services Administration, Individually, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1988.

Attorney(s) appearing for the Case

Jay Topkis, New York City (Leslie Urfirer Cornfeld, Paul, Weiss, Rifkind, Wharton & Garrison, and Gustave Harrow, New York City on the brief), for plaintiff-appellant.

Richard M. Schwartz, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Richard W. Mark, Asst. U.S. Atty., New York City, Clyde C. Pearce, Jr., Gen. Counsel, Barbara G. Gerwin, Regional Counsel, Washington, D.C., on the brief), for defendants-appellees.

Before NEWMAN and KEARSE, Circuit Judges, and CEDARBAUM, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the question whether the removal of a government-owned artwork from federal property violates the free expression and due process rights of the artist. Richard Serra, a prominent American sculptor, brought the action seeking to bar the United States General Services Administration (GSA) from removing his controversial sculpture "Tilted Arc" from Federal Plaza in lower Manhattan. The District Court for the Southern...

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