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V primeru odtegnitve financiranja kulturnemu društvu ROV sodni proces sicer še ni pravnomočno končan, vendar imajo oškodovanci močne argumente, zastopa jih tudi močna in uspešna odvetniška pisarna, oboje pa bi jim utegnilo prinesti zmago na sodišču.
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[63] In addition to the attempts already mentioned, we could also list some other cases: for example, the temporary suspension of the funding of Marko Brecelj's youth cultural center MKC after Boris Popović became the mayor of Koper (Popović's competitor in the elections was Marko Brecelj). As regards the termination of funding of the cultural society ROV from Železniki, the court proceedings are still underway. However, the plaintiffs have strong arguments and they are represented by strong and successful lawyers, so the combination of these factors could lead to their victory in court.
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Namen obeh akcij je bil izrazito političen: opozoriti na problem »izbrisanih«, manifestirati solidarnost z ljudmi, ki so jim bile kršene človekove pravice, in stopnjevati pritisk na politično elito, da spoštuje sodbo ustavnega sodišča glede »izbrisanih«.
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The purpose of both actions was explicitly political in nature: to draw attention to the problem of erased residents, to demonstrate solidarity with people whose human rights had been violated, and to increase pressure on the political elite to implement the decision of the Constitutional Court regarding the erased residents. In both cases, the political messages were conveyed in the style of the tradition of autonomous movements that stems from the concept of the use of one's own body as a means of direct political action. The activists were dressed in white overalls which, indeed, had a practical function (they protected their bodies from dirt, made the writing more contrasting, and made more difficult the work of the police should they try to identify the participants on the basis of television or video footage, photos etc.). On the other hand, white overalls were also costumes of a special kind, such as may be attributed meaning depending on the needs dictated by a concrete situation.[9]
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Ob vsesplošnem pritisku »varnostno ozaveščenih« političnih sil, da se po terorističnem napadu na WTC znižajo že doseženi standardi varstva človekovih pravic in svoboščin, se zastavlja vprašanje, ali je usoda umetnosti, da ponovno – tako, kot npr. v času »realno obstoječega socializma« – prevzame funkcijo azila za kritično politično delovanje? Ali bi se ob naraščanju artivizma in ob nenehnem povečevanju varnostnega delirija, na neki točki zadostne kritične mase norosti, utegnila pojaviti zahteva za preprečevanje »zlorabe« umetnosti za politično delovanje, kakor se je denimo že zgodilo v primeru azilnega sistema, ki naj bi ga domnevno »zlorabljali« t. i. ekonomski imigranti za lažji dostop do trga dela v razvitih državah? Ali bodo politiki, državna administracija, sodišča in policija, tako kot sedaj govorijo o »očitno neutemeljenih prošnjah za azil« – kar je kvalifikacija, ki je podlaga za takojšnjo zavrnitev vloge za pridobitev azila – nekoč govorili o »očitno neutemeljenih umetniških projektih«, s čimer bi bili njihovi avtorji ob zaščito, ki jim jo zdaj ponuja inštitut varstva svobode umetniškega ustvarjanja?
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Given the general pressure of 'security conscious' political forces, who, in the wake of 9/11, have been endeavouring to reduce the existing standards protecting human rights and freedoms, the question that arises is whether art is destined to assume again the function of an asylum for critical political operations, as it did, for example, during the 'real socialism' era. Will the increasingly widespread artivism combined with security delirium eventually bring Western societies to the point at which there will be a critical mass of madness that would produce demands for the prohibition of the 'abuse' of art for political operation? Something similar has occurred with the asylum system that was presumably abused by so-called economic emigrants to gain easier access to the labour markets of developed countries. Will politicians, state administrations, courts and the police one day speak of "manifestly unfounded artistic projects" as they now speak of "manifestly unfounded asylum applications," a qualification that leads to a prompt refusal to grant asylum? In such a case, the creators of such artistic projects would lose the protection now guaranteed by the mechanisms protecting artistic freedom.
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« Glavna tarča akcije je bil takratni minister za notranje zadeve dr. Rado Bohinc, ki je omahoval z izvrševanjem odločbe ustavnega sodišča glede poprave krivic »izbrisanim«:  »Ustavno sodišče je MNZ naložilo pripravo zakona, ki naj bi popravil krivice, ki so nastale z izbrisom.
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[7] One passage in this press release read: "We collected autumn leaves and scattered them across the ZLSD headquarters, hoping that this place of stuffy policies may still become open to politics and true dialogue. The purpose of our gesture is to capture the attention of the party's members and to invite them to bring to an end this 'ostrich style policy' – we invite them to lift their presumably well-meaning heads, buried in the sand, and take, through their actions, a definite stance regarding the crucial issues which are under the control of ZLSD employees." The action was mainly targeted at the interior minister of the time, Rado Bohinc, who hesitated to execute the decision of the Constitutional Court on the redemption of injustices suffered by the erased residents. "The Constitutional Court ordered the Ministry of the Interior to draft a law that would remedy the injustices caused by the erasure. Contrary to this order, Minister Bohinc today makes every effort to postpone as long as possible the execution of this decision, and to evade it." (last accessed on October 25, 2004).
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« Glavna tarča akcije je bil takratni minister za notranje zadeve dr. Rado Bohinc, ki je omahoval z izvrševanjem odločbe ustavnega sodišča glede poprave krivic »izbrisanim«:  »Ustavno sodišče je MNZ naložilo pripravo zakona, ki naj bi popravil krivice, ki so nastale z izbrisom.
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[7] One passage in this press release read: "We collected autumn leaves and scattered them across the ZLSD headquarters, hoping that this place of stuffy policies may still become open to politics and true dialogue. The purpose of our gesture is to capture the attention of the party's members and to invite them to bring to an end this 'ostrich style policy' – we invite them to lift their presumably well-meaning heads, buried in the sand, and take, through their actions, a definite stance regarding the crucial issues which are under the control of ZLSD employees." The action was mainly targeted at the interior minister of the time, Rado Bohinc, who hesitated to execute the decision of the Constitutional Court on the redemption of injustices suffered by the erased residents. "The Constitutional Court ordered the Ministry of the Interior to draft a law that would remedy the injustices caused by the erasure. Contrary to this order, Minister Bohinc today makes every effort to postpone as long as possible the execution of this decision, and to evade it." (last accessed on October 25, 2004).
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« Glavna tarča akcije je bil takratni minister za notranje zadeve dr. Rado Bohinc, ki je omahoval z izvrševanjem odločbe ustavnega sodišča glede poprave krivic »izbrisanim«:  »Ustavno sodišče je MNZ naložilo pripravo zakona, ki naj bi popravil krivice, ki so nastale z izbrisom.
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[7] One passage in this press release read: "We collected autumn leaves and scattered them across the ZLSD headquarters, hoping that this place of stuffy policies may still become open to politics and true dialogue. The purpose of our gesture is to capture the attention of the party's members and to invite them to bring to an end this 'ostrich style policy' – we invite them to lift their presumably well-meaning heads, buried in the sand, and take, through their actions, a definite stance regarding the crucial issues which are under the control of ZLSD employees." The action was mainly targeted at the interior minister of the time, Rado Bohinc, who hesitated to execute the decision of the Constitutional Court on the redemption of injustices suffered by the erased residents. "The Constitutional Court ordered the Ministry of the Interior to draft a law that would remedy the injustices caused by the erasure. Contrary to this order, Minister Bohinc today makes every effort to postpone as long as possible the execution of this decision, and to evade it." (last accessed on October 25, 2004).
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Akcija utišanja (tapeciranja) zvonov v koprski stolnici, pri kateri je poleg Marka Breclja sodeloval tudi Aleš Žumer, predsednik kulturnega društva ROV iz Železnikov, je prav tako doživela epilog na sodišču, vendar v tem primeru obdolženci niso bili avtorji, pač pa občina Železniki.
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Another action that had its epilogue in court involved the silencing (upholstering) of the bells of Koper Cathedral. The action was carried out by Marko Brecelj and Aleš Žumer, but since Žumer was the president of the ROV cultural society from Železniki, the legal action was taken not against them, but against Železniki municipality. This case is especially interesting because it may be considered a condensation of all the crucial social fields we have been considering in this essay: art, activism, politics, the Church, the state (in this case represented by a local authority), law and economy. On June 2, 2004, the Železniki Municipal Council adopted the resolution that the ROV cultural society did not qualify for the co-funding of its activities from the municipal budget "because in 2003 it acted in a way that harmed the reputation of the Železniki municipality."[58] In other words, the head-on attack of ecclesiastical circles and Christian Democrats seen in the case of Strelnikoff, was now substituted with economic sanctions, in which the municipal Council (note that members of the SLS party, close to the Christian Democrats, constitute the majority in the Železniki municipal Council) unconvincingly cloaked the real, exclusively ideological motives behind this radical move. In fact, Aleš Žumer's collaboration with Marko Brecelj in this action did not involve any funds from the municipal budget. Accordingly, ROV struck back by suing the Železniki municipality for a "serious violation of constitutionally protected human rights, particularly the principle of equality before the law, freedom of expression and freedom of art."[59]
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Najbolj razvpiti sodni proces proti umetnikom v poosamosvojitveni Sloveniji je bil primer Strelnikoff, ko sta se pevca te glasbene skupine morala zagovarjati pred sodiščem zaradi priredbe (remaka) slike Marije Pomagaj, dela kranjskega slikarja Leopolda Layerja iz leta 1814, ki je bila reproducirana na ovitku CD-ja Bitchcraft.
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Since Slovenia gained independence in 1991, the most media-covered court proceedings involving artists was the case of Strelnikoff. The two members of this band had to answer before the court because of their re-make of the 1814 painting of the Virgin Mary by Leopold Layer, which was reproduced on the Bitchcraft CD insert. The controversial detail that led the young members of the Christian-Democratic party (SKD) to approach the public prosecutor, himself a member of the SKD, was the image of a rat which in Strelnikoff's reproduction replaced the image of the infant Jesus in Layer's painting. Since this case has already been treated in detail by Gregor Bulc,[54] in this essay I will restrict myself to general conclusions regarding the protection of freedom of artistic expression. This freedom is guaranteed by Article 59 of the Slovenian Constitution, and by the Penal Code, which in Article 169 stipulates that insult is subject to penalty, but art is exempted from this under the condition that the controversial act was not "carried out with the intention of disparagment."[55] The Constitution prohibits "[a]ny incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance" as well as "[a]ny incitement to violence and war" (Article 63). The public prosecutor tried to achieve the prohibition of the dissemination of the controversial CD and to punish the author, first citing the article prohibiting disparagment, and then the one prohibiting incitement to violence. However, the court dismissed the case on both grounds. Moreover, in explaining its decision, it concluded that "from the content of protests filed by the affected individuals it is possible to infer only hatred towards the defendants." To this we should add that it was actually certain media that resorted to incitement to violence (although skilfully veiled in conditionals and cheap speculations), the right-oriented political weekly Mag most obviously of all.[56]
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Najbolj razvpiti sodni proces proti umetnikom v poosamosvojitveni Sloveniji je bil primer Strelnikoff, ko sta se pevca te glasbene skupine morala zagovarjati pred sodiščem zaradi priredbe (remaka) slike Marije Pomagaj, dela kranjskega slikarja Leopolda Layerja iz leta 1814, ki je bila reproducirana na ovitku CD-ja Bitchcraft.
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Since Slovenia gained independence in 1991, the most media-covered court proceedings involving artists was the case of Strelnikoff. The two members of this band had to answer before the court because of their re-make of the 1814 painting of the Virgin Mary by Leopold Layer, which was reproduced on the Bitchcraft CD insert. The controversial detail that led the young members of the Christian-Democratic party (SKD) to approach the public prosecutor, himself a member of the SKD, was the image of a rat which in Strelnikoff's reproduction replaced the image of the infant Jesus in Layer's painting. Since this case has already been treated in detail by Gregor Bulc,[54] in this essay I will restrict myself to general conclusions regarding the protection of freedom of artistic expression. This freedom is guaranteed by Article 59 of the Slovenian Constitution, and by the Penal Code, which in Article 169 stipulates that insult is subject to penalty, but art is exempted from this under the condition that the controversial act was not "carried out with the intention of disparagment."[55] The Constitution prohibits "[a]ny incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance" as well as "[a]ny incitement to violence and war" (Article 63). The public prosecutor tried to achieve the prohibition of the dissemination of the controversial CD and to punish the author, first citing the article prohibiting disparagment, and then the one prohibiting incitement to violence. However, the court dismissed the case on both grounds. Moreover, in explaining its decision, it concluded that "from the content of protests filed by the affected individuals it is possible to infer only hatred towards the defendants." To this we should add that it was actually certain media that resorted to incitement to violence (although skilfully veiled in conditionals and cheap speculations), the right-oriented political weekly Mag most obviously of all.[56]
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Če jim sodišče naloži denarno kazen zaradi povzročene škode, so umetniki izenačeni z vsemi drugimi: kazen ali odškodnino pač morajo poravnati, sicer sledi zaporna kazen. Poskusi nekaterih vplivnežev, da bi umetnike kaznovali z odvzemom pravice do financiranja njihovih projektov iz javnih sredstev, pa so večinoma ostajali na ravni političnih pritiskov.[62]
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If artists are ordered to pay compensation because of damage, they are equated with any other citizen: a fine or compensation must be paid, otherwise they go to prison. However, attempts by some influential persons to punish artists by renouncing their right to receive money from public funds for their projects mainly amounted to no more than political pressure.[63] So far, legal actions were the favourite option of ecclesiastical circles, young sections of Christian-oriented political parties and certain individuals who took it as their mission to legally "protect" Christian symbols from presumed "abuses." Yet, this is not an easy task, given that the Penal Code prohibits the defacing of state symbols, but not of religious symbols.[64] In addition, artists enjoy special immunity as regards the use of symbols for artistic purposes. This immunity is accorded to them by Article 59 of the Constitution ("The freedom of scientific and artistic endeavour shall be guaranteed.") When one knows that this is supplemented with the provision in Article 39 which guarantees "Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression[,]" and Article 169 of the Penal Code, which stipulates that insults are actionable, but art is exempt under certain conditions, it becomes clear that in a modern liberal state the institution of art has managed to obtain for itself a unique immunity. Viewed from a sufficiently abstract perspective, it is even comparable to the immunity accorded to the deputies to the National Assembly and judges (Articles 83, 134 and 167 of the Constitution). Without this protection, Marko Brecelj could have ended in court for "obstructing a religious ceremony" (Article 314 of the Penal Code), Dean Verzel and Goran Bertok could have been sued for starting a fire (Article 317 of the Penal Code), and the activists partaking in the 'Erasure' action could have ended up in court because by "mounting obstacles on the traffic road" they "endangered people's lives" (Article 327 of the Penal Code). The minimum prison sentence for these offences is one year.
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Najbolj razvpiti sodni proces proti umetnikom v poosamosvojitveni Sloveniji je bil primer Strelnikoff, ko sta se pevca te glasbene skupine morala zagovarjati pred sodiščem zaradi priredbe (remaka) slike Marije Pomagaj, dela kranjskega slikarja Leopolda Layerja iz leta 1814, ki je bila reproducirana na ovitku CD-ja Bitchcraft.
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Since Slovenia gained independence in 1991, the most media-covered court proceedings involving artists was the case of Strelnikoff. The two members of this band had to answer before the court because of their re-make of the 1814 painting of the Virgin Mary by Leopold Layer, which was reproduced on the Bitchcraft CD insert. The controversial detail that led the young members of the Christian-Democratic party (SKD) to approach the public prosecutor, himself a member of the SKD, was the image of a rat which in Strelnikoff's reproduction replaced the image of the infant Jesus in Layer's painting. Since this case has already been treated in detail by Gregor Bulc,[54] in this essay I will restrict myself to general conclusions regarding the protection of freedom of artistic expression. This freedom is guaranteed by Article 59 of the Slovenian Constitution, and by the Penal Code, which in Article 169 stipulates that insult is subject to penalty, but art is exempted from this under the condition that the controversial act was not "carried out with the intention of disparagment."[55] The Constitution prohibits "[a]ny incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance" as well as "[a]ny incitement to violence and war" (Article 63). The public prosecutor tried to achieve the prohibition of the dissemination of the controversial CD and to punish the author, first citing the article prohibiting disparagment, and then the one prohibiting incitement to violence. However, the court dismissed the case on both grounds. Moreover, in explaining its decision, it concluded that "from the content of protests filed by the affected individuals it is possible to infer only hatred towards the defendants." To this we should add that it was actually certain media that resorted to incitement to violence (although skilfully veiled in conditionals and cheap speculations), the right-oriented political weekly Mag most obviously of all.[56]
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Če jim sodišče naloži denarno kazen zaradi povzročene škode, so umetniki izenačeni z vsemi drugimi: kazen ali odškodnino pač morajo poravnati, sicer sledi zaporna kazen. Poskusi nekaterih vplivnežev, da bi umetnike kaznovali z odvzemom pravice do financiranja njihovih projektov iz javnih sredstev, pa so večinoma ostajali na ravni političnih pritiskov.[62]
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If artists are ordered to pay compensation because of damage, they are equated with any other citizen: a fine or compensation must be paid, otherwise they go to prison. However, attempts by some influential persons to punish artists by renouncing their right to receive money from public funds for their projects mainly amounted to no more than political pressure.[63] So far, legal actions were the favourite option of ecclesiastical circles, young sections of Christian-oriented political parties and certain individuals who took it as their mission to legally "protect" Christian symbols from presumed "abuses." Yet, this is not an easy task, given that the Penal Code prohibits the defacing of state symbols, but not of religious symbols.[64] In addition, artists enjoy special immunity as regards the use of symbols for artistic purposes. This immunity is accorded to them by Article 59 of the Constitution ("The freedom of scientific and artistic endeavour shall be guaranteed.") When one knows that this is supplemented with the provision in Article 39 which guarantees "Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression[,]" and Article 169 of the Penal Code, which stipulates that insults are actionable, but art is exempt under certain conditions, it becomes clear that in a modern liberal state the institution of art has managed to obtain for itself a unique immunity. Viewed from a sufficiently abstract perspective, it is even comparable to the immunity accorded to the deputies to the National Assembly and judges (Articles 83, 134 and 167 of the Constitution). Without this protection, Marko Brecelj could have ended in court for "obstructing a religious ceremony" (Article 314 of the Penal Code), Dean Verzel and Goran Bertok could have been sued for starting a fire (Article 317 of the Penal Code), and the activists partaking in the 'Erasure' action could have ended up in court because by "mounting obstacles on the traffic road" they "endangered people's lives" (Article 327 of the Penal Code). The minimum prison sentence for these offences is one year.