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Constitutional Law Keyed to Stone
National Endowment for the Arts v. Finley
Citation:
524 U.S. 569 (1998)Facts
The National Endowment for the Arts was established in 1965 to support artistic excellence and merit. In 1989, controversy erupted over NEA funding of exhibits featuring Mapplethorpe’s homoerotic photographs and Serrano’s “Piss Christ” (a photograph of a crucifix immersed in urine). In response, Congress in 1990 amended the NEA’s governing statute to require the Chairperson to ensure that “artistic excellence and artistic merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public.” The four individual respondents—performance artists whose works addressed themes including sexuality, religion, and politics—applied for NEA grants before this amendment was enacted. Though initially recommended for approval by advisory panels, their applications were ultimately denied. After the amendment passed, they challenged the “decency and respect” provision as unconstitutionally vague and viewpoint-based. The NEA implemented the provision by ensuring diverse membership on grant review panels rather than by applying explicit decency standards to individual applications.
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