Vincent van Gogh says a little soup is fine, as a treat. (edit Hrag Vartanian/Hyperallergic)In October 2022, many members of the public were shocked when two environmental activists threw Andy Warhol’s favorite soup muse at a Vincent van Gogh painting. New evidence now suggests that the damage was far less than initially feared and may not have warranted the harsh two-year sentence for Phoebe Plummer and the 20-month sentence for Anna Holland.The two Just Stop Oil activists hurled soup at van Gogh’s 1888 painting “Sunflowers” in London’s National Gallery and then glued themselves to the wall, an act that made global headlines. The painting was protected by thick security glass, but social media reacted strongly to the protest that aimed to draw attention to the climate crisis.A Freedom of Information request from Novara Media revealed that the museum’s head of framing, Peter Schade, estimated the cost of retouching the frame at £150 (~$203). According to the media outlet, the museum also spent around £250 (~$338) restoring the wall, plus £35 (~$47) for paint, totaling about £435 (~$588) for all damages. In September 2024, when reporting on the sentencing, the BBC said that the pair caused £10,000 worth of damage to the gold-colored frame of the glass-covered painting in what they characterized as an “attack,” but provided no evidence or source for their estimate. The British public broadcaster added that the museum had purchased the frame in 1999 and that it was valued at £28,000.Judge Christopher Hehir, who presided over the case, ruled that the value of the damage was irrelevant for the jury, thus preventing its members from hearing these figures. The activists were found guilty and received a combined three-and-a-half-year sentence. Novara Media inquired about a full restoration of the frame, but the museum reportedly declined to comment.Anna Holland and Phoebe Plummer of Just Stop Oil after “souping” van Gogh’s “Sunflowers” on October 14, 2022 (photo courtesy Just Stop Oil)The judge, known for his harsh stance on climate activism, stated in his sentencing remarks, “It is not the value of the damage caused to the frame that is the most serious aspect of your offending … You came within the thickness of a pane of glass of irreparably damaging or even destroying this priceless treasure, and that must be reflected in the sentences I pass.” Human rights lawyer Aabhinav Tyagi has written about five alleged legal missteps in the sentencing of these eco-activists, and questions remain as to whether justice has actually been served. Pussy Riot member Nadya Tolokonnikova chimed in on the pages of the Guardian shortly after the verdict, writing in the activist pair’s defense: “Nature was Van Gogh’s ultimate muse. He loved it, as do Phoebe and Anna. I believe he would have approved of Phoebe and Anna’s action — it belonging to the tradition of activists and artists defying norms to create a new, better world. In the case of Just Stop Oil, to save our one and only planet from destruction and protect the natural world that Van Gogh so loved.”This case highlights the debate over what counts as peaceful protest versus violent crime. According to Tyagi, “Judge Hehir classified the activists’ actions as violent, equating throwing soup at a protected painting with physically assaulting a person. This characterization enabled the judge to disregard the protections for peaceful protest under the European Convention on Human Rights, bypassing Articles 10 and 11, which protect freedom of expression and assembly.”As museum protests continue to draw attention, debates over protest rights and proportional sentences are likely to persist. One may argue that the cases of eco-protests at museums were the canary in the coal mine for the larger Gaza protests that have since followed, since many of the same issues outlined by Tyagi — including punishment based more on perceived risk than on actual harm and the proportionality of sentences — are more relevant than ever.Hyperallergic reached out to the National Gallery for comment and has not yet heard back.