Mike Diana Returns to the State That Convicted Him of Obscenity

When 18-year-old Mike Diana returned home from Christmas shopping with his mom in 1990, two cops were waiting for him on the lawn of their home in Largo, near Tampa. One officer pulled from his briefcase the teenager's underground comic book Boiled Angel #6. He flipped through the pages, showing his mother the creatures inside: a woman with a pentagram on her chest and stubs for arms, saying, "Fuck you & yer big ass." On the cover, a man with an erection and a bloody knife ripped a mangled fetus from a dead woman's belly.

The policeman then informed him that he was a suspect in the Gainesville student murders.

"At first I felt offended," Diana remembers. "I said, 'What about freedom of speech?'"

Mike Diana's Oilface (2010)
Mike Diana's Oilface (2010)

Location Info


Miami Art Museum

101 W. Flagler St.
Miami, FL 33130

Category: Art Galleries

Region: Central Dade

Bas Fisher Invitational

100 NE 11th St.
Miami, FL 33132

Category: Art Galleries

Region: Downtown/Overtown


"Convicted for Comics: A Talk With Underground Cartoonist Mike Diana": New Work Miami 2013 exhibition with the End/Spring Break. 6:30 p.m. Thursday, May 16, at Miami Art Museum, 101 W. Flagler St., Miami; 305-375-4073; miamiartmuseum.org. Admission is $8; MAM members get in free.

"Mike Diana: Miami or Bust": 6 p.m. Wednesday, May 22, at Bas Fisher Invitational, 100 NE 11th St., Miami; basfisherinvitational.com. Admission is free.

The cop responded like a television detective: "'I don't like your attitude.'"

The next day, police grilled Diana about his drawings. He gave a blood sample, at his mother's insistence, to prove his innocence in the killings. 

But his troubles with Florida law enforcement didn't end there. Diana was eventually convicted on three misdemeanor counts of obscenity for publishing, distributing, and advertising his works Boiled Angel #7 and Boiled Angel #ATE. He became the first artist in U.S. history to be convicted on criminal charges of obscenity. He spent four days in jail and three years on probation.

"It was definitely a strange time," he says, reflecting upon those days. "I feel that one thing that upsets me, that I think is obscene, is the jail and prison system. A lot of people are put behind bars who don't need to be there."

The sawing of babies and penises in his art, he points out, is a critique of actual situations and power structures such as religion — particularly reports of child abuse. Boiled Angel #6 was, in fact, influenced by the murders in nearby Gainesville. The shock his art elicits allows Diana to communicate the gravity of real-life horrors. 

Local nomadic arts collective the End/Spring Break and Miami Art Museum have invited Diana to speak in Miami. The speech this Thursday will make a statement about censorship and art. His controversial work will be shown nearby at Bas Fisher Invitational's "Mike Diana: Miami or Bust," alongside the art of those he has influenced, including Mike Taylor, Heather Benjamin, and Mat Brinkman.

"When I watched the news, read the newspaper, I couldn't ignore the reports of children being abused, and basically all the different ills of society." Diana says. "I felt like people were desensitized... I felt if I did comics that dealt with these issues, [it would] make people think about these things that are happening in their own communities." 

Back then, he was a teenager who bought Blowfly records on sale. He drove to Orlando to see GG Allin smash a whiskey bottle on his head and bleed through a nude, diarrhea-and-urine-stained performance. At the time, he says, "I was harassed by the police a lot... curfew things. I had long hair, so I think I fit a certain type of profile that they like to stop."

Moving from upstate New York to the Tampa Bay area at age 9 was jarring for the artist. The heat was extreme, and his teachers paddled students. His artwork evolved from "just not liking Florida, feeling like I wanted to go against the system, and feeling like I was challenging Florida in a way, with religion, and reports of child abuse." He felt there was a battle going on between old and young here. His reaction to that and his love of horror films and horror comics resulted in art that is both brutal and surprising, yet also somehow beautiful and amusing. 

But the literal trial he endured here was not funny. He remembers seeing the final jury selection. "I figured I was in trouble." It was, he says, "definitely not a jury of my peers. It was all elderly people." In court, Diana wasn't allowed to show other underground comic books as evidence that his work wasn't an anomaly. They were trying to prove, he says, that the Boiled Angel series wasn't "artwork anymore; it's just something that can turn people into serial killers."

Now, though, he says, "I just try to make the best of everything that happened." He's working on a graphic novel about what he calls the "whole Florida ordeal. 

"All these years later, I think I'm able to think about it without getting as stressed out as I used to." 

Today he lives in an exile of sorts in New York, where he moved when his 1994 case went into appeal. The conviction was eventually upheld, but he was granted permission to complete his probation remotely — which, among other things, forbade him from making art for three years. What's prevented him from returning to the Sunshine State, where his parents still live, isn't a hatred for the place, but lingering unpaid legal fees and a subsequent warrant for his arrest. 

About a year ago, a conversation with Miami artist Kathryn Marks set some wheels in motion, wheels that would eventually send him back to Florida for an exhibition and talk. She'd bought one of Diana's paintings to use as the cover of Miami beatmaker Otto von Schirach's unreleased album, appropriately titled Hermaphrodite Tampon Eater. Once she heard Diana's tale, she knew he had to come to Miami.  

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Diana has various important fans: Cartoonist-historian Ethan Persoff calls him a "sort of adoptive parent of web fury workmanship." Indeed, the fierceness of his representation is intense to the point that Florida police really suspected he was a serial killer. Furthermore in 1994, a judge declared guilty for distributed, conveying and promoting indecent material.

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