FORT WORTH, Texas — The ACLU of Texas and other civil liberty liberties organizations are asking the Fort Worth Police Department to return photographs confiscated last month from an exhibit at the Modern Art Museum of Fort Worth.

The letter from the ACLU along the Foundation for Individual Rights and Expression (FIRE), and the National Coalition Against Censorship, asks FWPD to return the photographs.

The photographs were part of an exhibit by Sally Mann from her 1990 exhibit “Immediate Family.” They were on display as part of a bigger exhibit at the Modern Art Museum of Fort Worth called “Diaries from Home.” An advisory attached to the show’s description warned of “mature themes that may be sensitive for some viewers.”

Of the 65 photos in Mann’s “Immediate Family,” 13 depicted her then-minor children in the nude. The selection of nude photos displayed in the Modern reportedly included depictions of Mann’s daughter jumping onto a picnic table in a ballet pose, Mann’s daughter lying in bed with a stain from a nighttime accident, and Mann’s son with a melted popsicle running down his body.

The trio of civil liberty groups argued in the letter the seizure of the images is a First Amendment violation and unconstitutional. They also asked the police department to end its investigation into the images.

“Anyone who’s ever taken a photo of their child or grandchild taking a bath understands that not all photographs of child nudity are malicious, let alone child abuse,” said Aaron Terr, director of public advocacy at FIRE. “The seizure of Mann’s works is an egregious abuse of power that dishonestly conflates artistic expression with sexual exploitation.” 

In January, four of Mann’s photographs were removed from the exhibit after complaints they were child pornography, according to KERA News.

“It’s shameful that government officials would use the criminal legal process to censor art and expression,” said Adriana Piñon, legal director of the ACLU of Texas. “This is a clear violation of the First Amendment and of the guardrails against abuse of the criminal justice system. Artistic expression should not be subject to the whim and punishment of government officials’ personal taste.”

“Immediate Family” was controversial when it debuted in the 90s, but has been showcased in more than a dozen art galleries across the world, including the National Gallery of Art.

Tarrant County Judge judge Tim O’Hare weighed in on the seizure last mon. On Jan. 8 O’Hare posted on X, formerly known as twitter, “The images of children reported in the media at the Modern Art Museum of Fort Worth are deeply disturbing. Sexual exploitation of a minor, including under the guise of ‘art,’ should never be tolerated. I have full confidence in law enforcement to thoroughly investigate this matter and take appropriate action. I will always be committed to protecting the most vulnerable members of society, our children.”

The exhibit “Diaries from Home” opened on Nov. 17 and closed on Feb. 2, as scheduled.