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Free Speech

Painting Graffiti on African Burial Ground National Monument Isn't Protected Speech or Religious Practice

Self-coronate yourself elsewhere.

Eugene Volokh | 9.29.2026 11:18 AM

The case is U.S. v. Palacio, decided last week by Judge Vernon Broderick (S.D.N.Y.); for what appears to be a video put up by Palacio, see this Instagram reel. First, the facts, as alleged by the government:

On September 20, 2024, Defendant Roberto Palacio … was charged with destruction of government property, in violation of 18 U.S.C. § 1361. …

The African Burial Ground National Monument … sits on a portion of what was the nation's earliest and largest African American cemetery, which was established in or around 1673. Because African Americans were prohibited from being buried in churchyards within New York City at the time, the cemetery was located outside of the then-boundaries of the city. Approximately 15,000 to 20,000 men, women, and children were buried in the cemetery. In the early 1990s, during the excavation of what would become the Ted Weiss Federal Building, 419 human remains were uncovered at the location of a portion of the cemetery. In or around 2003, these remains were reinterred on the preserved portion of the cemetery on Duane Street near Foley Square. The Monument features a granite prism that is surrounded by a circle of the diaspora, which contains 22 Adinkra symbols, each representing different African peoples and cultures. Next to these symbols, there are seven burial mounds, which contain the 419 bodies previously discovered at the cemetery.

Defendant, who is 38 years-old, has been an artist for most of his adult life and is inspired by artists like Jean-Michel Basquiat. The graffiti included words, phrases, and symbols such as "Palacio," "REINCARNATION," Olympic rings, and "The Second Art Showing: Coming TIFF TIFF," which indicated how the audience could further engage with his art show. Moreover, it also included a large crown painted in the center of the circle of the diaspora and pink paint on the Adinkra symbols. Later that same day, Palacio made a public Instagram post (the "Post") that showed the digital rendering of a pink light beam emanating from........

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