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Climate activist who defaced Edgar Degas sculpture exhibit sentenced
Joanna Smith was sentenced today for defacing the case of Edgar Degas’ Little Dancer sculpture in 2023.
National Gallery of Art
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National Gallery of Art
Joanna Smith was sentenced today for defacing the case of Edgar Degas’ Little Dancer sculpture in 2023.
National Gallery of Art
A climate activist found guilty of one count of causing injury to a National Gallery of Art exhibit last year for defacing the case around a sculpture by Edgar Degas at the Washington, D.C., museum was sentenced in federal court on Friday.
Joanna Smith, 54, of Brooklyn, N.Y., got 60 days of prison time out of a possible maximum sentence of five years for smearing red and black paint on the case surrounding Degas’ Little Dancer, Aged Fourteen on Apr. 27, 2023. The 1881 artwork is on permanent display at the museum.
In addition to the prison term, Judge Amy Berman Jackson ordered Smith to serve 24 months of supervised release and 150 hours of community service, of which 10 hours must involve cleaning graffiti. Smith must pay restitution for the damage to the Degas exhibit and is also barred from entering the District of Columbia and all museums and monuments for two years. (The plaintiff did not incur a monetary fine otherwise, though the maximum sentence could have included anything up to a $250,000 penalty.)
Smith undertook the action with North Carolina-based climate activist Tim Martin. They are members of the climate activism group Declare Emergency.
According to a statement from the D.C. United States Attorney’s Office, Smith and Martin specifically targeted the artwork.
“Smith and the co-conspirator passed through security undetected with paint secreted inside water bottles,” the statement said. “The duo approached the exhibit, removed the bottles from their bags, and began smearing paint on the case and base.”
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The statement said the National Gallery had to remove the sculpture from public display for 10 days, and that gallery officials said it cost over $4,000 to repair the damage.
“On April 27, 2023, the protective sanctuary for this beloved girl [Degas’ “Little Dancer”] was battered. She is one of the most vulnerable and fragile works in our entire collection. I cannot overemphasize how the violent treatment of her protection barrier, repeated slamming, and vibrations, have forever jeopardized her stability,” said Kaywin Feldman, director of the National Gallery of Art, in a statement to NPR. “With increased frequency, institutions – overwhelmingly non-profit museums for the public benefit – have suffered collateral damage at the hands of agendas that have nothing to do with museums or the art attacked. The real damage that these acts of vandalism pose must be taken seriously to deter future incidents that continue to threaten our cultural heritage and historic memory.”
“The ‘Little Dancer’ is a depiction of a vulnerable, 14-year-old girl who worked at the Paris Opera. Degas’ depiction of her is beautiful and has been viewed by millions, but the ‘Little Dancer’ seemingly disappeared after she posed for Degas,” said a statement on Declare Emergency’s Instagram page explaining the action at the museum last year. “Like the ‘Little Dancer,’ millions of little girls and boys won’t have a future because our leaders didn’t act decades ago when they should have and continue to drag their feet to stop the fossil fueled climate catastrophe that is engulfing us all.”
Smith and Martin were taken into custody following an indictment. They were charged with conspiracy to commit an offense against the United States and injury to a National Gallery of Art exhibit.
Smith pleaded guilty before U.S. District Judge Amy Berman Jackson in Washington D.C., last December.
Martin’s jury trial case is scheduled for Aug. 26.
A cause célèbre
Popularly known as “The Degas Two,” Smith and Martin have become a cause célèbre in climate activism circles.
Colleagues from other climate groups have spoken out publicly about the case.
Last June, around 20 members of Extinction Rebellion NYC and Rise and Resist protested the charges against Martin and Smith at the Metropolitan Museum in New York.
Extinction Rebellion climate activist Lydia Woolley interrupted a Broadway performance last month, yelling, “Don’t forget about Joanna Smith. Don’t forget about Tim Martin. Don’t forget about the truth tellers. This play doesn’t end when you leave the theater.”
And more than 1,000 people signed a petition ahead of the sentence hearing urging judge Amy Berman Jackson to show leniency on Smith.
“Smith and Martin placed their hands in water-soluble paint and left their handprints on equipment supporting the Degas sculpture ‘Little Dancer,’ which portrays a child. They willingly allowed themselves to be arrested for this symbolic act of civil disobedience, which caused no harm to any person and did not result in the destruction or damage of any property,” the letter to Jackson accompanying the petition states. “The right to protest in the U.S. and the history of symbolic, nonviolent civil disobedience actions are well-documented. However, these charges and this case appear to disregard past precedents and respond to these recent acts in an excessively severe manner.”
Increasing penalties
Penalties against climate protest have been increasing over the past couple of years — and not just in the U.S.
Last year, for instance, two protesters from the climate activism group Just Stop Oil each received sentences of more than two-and-a-half years for scaling a bridge over the River Thames in southeast England, causing a public nuisance. (Both men ended up serving partial sentences — Morgan was released last December and Decker, this past February.)
And just this week, British physician Sarah Benn, who spent more than a month in jail after a series of climate protests, was suspended by a medical tribunal for misconduct.
In Germany, police launched raids against climate activists with the Letzte Generation (Last Generation) group last year. According to an article in The Washington Post from May 2023, seven suspects “were accused of organizing a fundraising campaign to finance criminal activities, advertising them on their website and collecting at least $1.5 million in donations so far.”
Broader implications
Some climate change activism experts are considering how the ratcheting up of penalties against protesters will impact the movement more broadly.
“It is putting people off for sure,” said James Özden, the founder of Social Change Lab, a nonprofit that researches climate activism and other social movements. “I think it’s meaningful that only a small number of people who are willing and able to take these kinds of risks are taking these kinds of actions.”
But Özden also said the severity of governmental pushback could potentially galvanize activists towards taking even more risks.
“Even though the sentences increase, so does people’s desire to actually do something about climate change and make a change and try help wherever they can. So I expect people will keep taking these actions because they don’t see a viable alternative,” he said.
Martin of “The Degas Two” said the inability of many people to grasp the severity of the climate change crisis is the biggest hurdle obstructing the momentum of the climate movement.
“Until the climate and social justice emergencies become more of a clear and present danger to Americans, we won’t have nearly the number of supporters we ought to have who are willing to risk arrest,” Martin said.
Jennifer Vanasco edited this story.
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Stephen Colbert takes his last bow in late night : Pop Culture Happy Hour
The Late Show with Stephen Colbert on Monday May 18, 2026.
Scott Kowalchyk/CBS Broadcasting Inc.
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The Late Show With Stephen Colbert comes to an end this week amid a lot of changes in the business and the country. Some of the sources of tension include the economics of late night, the approaching merger of Paramount and Warner Brothers, and President Donald Trump’s constant criticism of late-night hosts. But for Colbert’s fans, it’s the end of a friendly, funny, candid show. So we’re talking about the legacy of Stephen Colbert in late night.
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The Debrief | Inside The Swatch x Audemars Piguet Global Frenzy
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After the Kars4Kids ad is banned in California, we check in on nostalgic jingles past
Kars4Kids advertisements, like this TV commercial on a hot-pink set, feature children turning the charity’s phone number into a catchy jingle. But they do not disclose that most of the proceeds go to a Jewish nonprofit that supports programming for young adults.
Kars4Kids/Screenshot by NPR
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Kars4Kids/Screenshot by NPR
The “Kars4Kids” jingle — with its chipper melody and high-pitched, pre-tween singers — has been wedged firmly in many Americans’ heads for two decades. But it may soon go off the air in California after a judge banned it for being “deceptive.”
Judge Gassia Apkarian of the Orange County Superior Court ruled earlier this month that the ad violates California’s laws against unfair competition and false advertising because it does not disclose Kars4Kids’ religious affiliation.
The case has put the jingle — and the charity behind it — in the headlines. And it inspired us to check in on some other nostalgic favorites (more on that below).
The Kars4Kids case, explained
Kars4Kids says it gives most of its proceeds from used-car donations to Oorah, an Orthodox Jewish nonprofit based in New Jersey that provides opportunities like summer camps, adult matchmaking services and trips to Israel.
Kars4Kids makes the connection to its “sister nonprofit” clear on its website, though not in its infamous jingle: “1-877-Kars4Kids / K-A-R-S Kars for Kids / 1-877-Kars4Kids / Donate your car today.”
That omission prompted California resident Bruce Puterbaugh to sue Oorah in 2021.
According to the judge’s order, Puterbaugh testified that he donated a 2001 Volvo station wagon after hearing the Kars4Kids advertisement “over and over,” believing the money would benefit California kids in need. Puterbaugh, a self-described “not a computer person” in his 70s, said he never visited the charity’s website and only learned the truth from a casual conversation with his Lake County neighbor after the car was picked up.
“He testified that he felt ‘taken advantage of’ upon discovering — only after the donation — that the funds did not stay in California but supported a specific religious mission in the Northeast,” Apkarian wrote.
The neighbor, Neal Roberts, is a lawyer who went on to represent him in the case. Roberts told NPR that the ad — which has aired on the radio since the turn of the millennium and on TV since 2014 — is ubiquitous in California. But he said Apkarian, the judge in the case, doesn’t watch TV and hadn’t heard the jingle until it was played at the four-day trial in November.
“She heard it the first time, and then she heard it the second time, and then the rule in the court was, ‘Do not play that jingle again,’” he said with a laugh. “So I thought that gave us some idea that we might have a chance.”
According to the judge’s order, Kars4Kids’ Chief Operating Officer Esti Landau confirmed at trial that the charity’s primary function is not helping economically disadvantaged children but “Jewish kids and families throughout their lives.” She said the charity has “no functional programs in California beyond a ‘backpack giveaway’ characterized as a branding exercise,” the judge wrote.
Landau confirmed on the stand that in 2022 — among other expenditures — Oorah transferred $16,500,000 to North Africa and the Middle East, and spent $16.5 million to purchase a building in Israel. She testified that while the Kars4Kids ad features kids ages 8 to 10, the programs Oorah funds “often target young adults (17-18) and matchmaking as well as Jewish families.” And she conceded that a donor would “have to go to the website” for that information.
Neither Kars4Kids nor Oorah responded to NPR’s requests for comment. But in a lengthy statement on its website, Kars4Kids said the judge mischaracterized its work and its testimony at trial.
“Kars4Kids’ ads have one purpose: to remind listeners that Kars4Kids offers a quick and easy way to dispose of an unused vehicle,” it wrote. “The ads are targeted to vehicle owners, not specifically to people considering donating to charity.”
The charity said “helping children often means engaging parents and families as well,” and stressed that its mission and religious affiliation are prominently stated on its website.
But the judge ultimately sided with Puterbaugh, writing that “a reasonable consumer is not required to be ‘computer savvy.’” She gave the charity 30 days to stop airing the ad in California unless it is updated to include an “audible disclosure of its religious affiliation and the geographic location of its primary beneficiaries and the age of the beneficiaries.”
The judge also ordered the charity to pay Puterbaugh $250, the value of the car he donated, though acknowledged that “money cannot ‘un-donate’ a car or restore the donor’s belief that they were helping a local, needy child.”
Kars4Kids says on its website that it plans to appeal the ruling, which it said is “deeply flawed, ignores and misrepresents the facts that were presented at trial, and misapplies the law.”
The charity also called the case as “a lawyer-driven attempt to siphon off charitable funds for their own gain.” Roberts dismissed that accusation, saying the only money his client stands to gain is the $250 for the car and lawyers’ fees. The bigger win, he said, is putting Kar4Kids — and potentially other charities nationwide — on notice about the consequences of false advertising.
“I think anyone who knows the facts would think that there was wool being pulled over people’s eyes,” Roberts said.
Where are they now?
J.G. Wentworth’s catchy “Viking Opera” commercial, featuring elaborately costumed, structured settlement-winning opera singers in need of cash, has been airing on and off since 2008.
J.G. Wentworth/Screenshot by NPR
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J.G. Wentworth/Screenshot by NPR
This story sent us down a head-bopping rabbit hole of nostalgic jingles, confirming they never truly leave the depths of your brain. And it turns out, some of them are — in a sense — new again.
Remember Zoo Pals, the early-aughts, dipping sauce-friendly paper plates shaped like animals (pig, bee, frog, duck) that, per their peppy theme song, “make eating fun!”? Hefty discontinued the onetime birthday-party staple in 2014, but brought the plates back in 2023 — and has also introduced disposable cups and plastic bags in the years since. No word yet on whether the commercial might make a comeback too.
Folgers, the coffee brand, has had people humming “The best part of wakin’ up / is Folgers in your cup” since the cozy jingle first aired in 1984. Its various iterations have managed to hold viewers’ attention in the years since (the 2009 sibling version inspired a slew of parodies and fan fiction). In 2021, public performance royalties for the song — which is actually titled “Real Snowy Morning” — were auctioned off online. The winning bidder, identified as “Josh C.,” paid $90,500.
And earlier this year, the brand released remixed versions of the ad, fusing the original jingle with several popular wake-up songs spanning genres and generations (including the Everly Brothers’ “Wake Up Little Susie” and “Bring Me to Life” by Evanescence).
Just this week, comedian John Oliver parodied JG Wentworth’s Viking opera (“877-cash-now”) jingle for an episode examining the structured settlement factoring industry. Oliver’s version, warning people to be skeptical of such companies, features stars like singer Megan Hilty, actor Victor Garber and Larry David, in a nod to the original earworm’s prominent cameo in the final season of Curb Your Enthusiasm.
Sometimes a jingle outlives the very thing it’s advertising. Consider: “I’m a Toys R Us Kid,” the toy store ditty belted enthusiastically by generations of trike-riding kiddos since the 1980s. The franchise shuttered due to bankruptcy in 2018, though it has since been partially revived through a partnership with Macy’s. The jingle has staying power — much to the delight of prolific thriller author James Patterson, who helped write the lyrics in his early career in advertising.
“That’s a big moment in my life,” Patterson said when asked about it in a 2024 appearance on Live with Kelly and Mark. “That’s a fun one, and kids obviously loved it. And we do remember it, which is great.”
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