Timothy Martin and Joanna Smith, two climate activists, staged a controversial protest at the National Gallery of Art in Washington, D.C., in April 2023. To demonstrate, the dynamic duo daubed on the glass with bright red and black washable paint. This vandalism included damage to Edgar Degas’s iconic sculpture, “Little Dancer Aged Fourteen Years.” Then they got to work exposing America’s failures to address the worsening climate crisis. Our shared aim is to shine a light on this pressing challenge.
A judge sentenced Timothy Martin, 55, to 18 months in jail for vandalizing the display case housing the iconic sculpture. Besides his jail sentence, Martin will serve 24 months of supervised release. On top of that, he is required to perform 150 hours of community service. He has further been directed to pay $4,062 in fines and $4,250 in restitution.
Joanna Smith, 54, who had fewer charges, pled guilty to reduced charges and received a 60-day jail sentence. She is still facing sentencing that could impose a prohibition on her re-entering Washington, D.C. for the next two years. This prohibition applies to all of the region’s museums and monuments too.
Judge Amy Berman Jackson was the trial judge on the case. She credited Martin for time served, meaning he could be released in as little as 12 months. At Martin’s sentencing, prosecutors recommended a five-year sentence. They charged him with conspiracy to commit an offense against the United States and to injure an exhibit in the National Gallery of Art. The charges were felonies with a maximum sentence of five years in prison and a $250,000 fine.
Martin and Smith were arrested within 24 hours of their protest. Since their alarming conviction back in April, they’ve continued to be held in jail without bond. As the trial approached, Martin decided to walk away from the plea agreement. After a lengthy four-day court process, the jury delivered a guilty verdict on both counts.
The sentencing has ignited a firestorm of controversy among activists and legal scholars. Trevor Stankiewicz, spokesman for the climate activism community Disobey Archive, condemned the harshness of Martin’s sentence.
“When I was asked to do this action, it was a no-brainer. I come from an art background and the little dancer is so beautiful and she represents the children of the world that are under major threat because of the climate emergency. So, I could not resist the opportunity to turn her beautiful, vulnerable, symbolic self into a message against fossil fuels.” – Timothy Martin
Making such take back the streets measures illegal would help prevent their chilling effect on free speech rights.
“Tim Martin engaged in a classic example of civil disobedience to make a political point … the authorities basically threw the book at him. It’s hard to fathom how a peaceful protester can receive more prison time than many of the insurrectionists who tried to overturn an election.” – Trevor Stankiewicz
The future of this case underlines the conflicts inherent in the collusion of the state against artistic expression, environmental activism and legal accountability. Climate change is already greatly increasing the risk to our communities. Activists like Martin and Smith are taking to the streets, underscoring the passionate grassroots activism that has emerged due to the government’s failure to act on this pressing issue.
“Punishing peaceful protest out of proportion has a chilling effect on free speech and basic rights … You can’t imprison your way out of the climate crisis.” – Trevor Stankiewicz
The outcome of this case highlights the tension between artistic expression, environmental activism, and legal consequences. As climate change continues to escalate, the actions taken by activists like Martin and Smith may serve as a reflection of growing frustrations regarding governmental action—or lack thereof—on this critical issue.