Constitutional Law Keyed to Cohen
National Endowment for the Arts v. Finley
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By statute, the Chairperson of the National Endowment for the Arts (NEA) is enabled with the ability to consider grant applications, while taking into consideration societal standards of decency and diversity. The Respondents brought suit, claiming that the enabling statute was facially discriminatory because it suppressed their First Amendment freedom of expression. Respondents brought suit, alleging their First Amendment rights had been violated because their grant applications to the NEA were rejected on political grounds, through the guise of the NEA’s enabling statute. The District Court granted summary judgment, noting the statute was facially discriminatory. The Court of Appeals affirmed. The Supreme Court of the United States (Supreme Court) granted certiorari.
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