NEA v. Finley

Case Type:		Actual.
Exigence:		In 1990, after years of controversy about grants made by the National Endowment for the Arts, Congress passed a law requiring that "general standards of decency and respect for the diverse beliefs and values of the American public" be taken into consideration in making funding determinations. Karen Finley, a performance artist, and other members of the "NEA 4" sued, arguing that this restriction on arts funding violates the First Amendment. The lower courts struck down the law as unconstitutionally vague; the case is appealled to the Supreme Court.
Audience:		The Supreme Court; you, the general public.
Possible Constraints:		For a collection of materials related to the NEA controversies, see the excellent website Freedom of Expression at the National Endowment for the Arts, maintained by Prof. Julie C. Van Camp of California State University-Long Beach. The following selections are in part drawn from this site. Background "US Supreme Court Takes on NEA Case," 11/26/97 Freedom Forum website. Background information on the case from the First Amendment Center. The District Court's decision, Finley v. NEA, 795 F.Supp. 1457 (C.D. Cal. 1992). The Circuit Court's decision, Finley v. NEA, 100 F.3d 671 (9th Cir. 1996) The Case for Restricting Federal Funding of "Indecent" Art Brief of the National Endowment for the Arts. Amicus Brief filed with the Supreme Court by "Morality in Media." "Whose Art?" Concerned Women for America speaks out. The Case Against Restricting Federal Funding of "Indecent" Art Brief for Finley. The view of plaintiff Karen Finley: The Art of Offending. American Arts Alliance, "Myths and Facts About National Support of Arts and Culture." Richard Serra, "Art and Censorship," in Art and the Public Sphere, ed. W.J.T. Mitchell (University of Chicago Press, 1992). Serra writes about issues relating to governmental "ownership" and censorship of works of art.
Decision:		The Supreme Court upheld the law, with a majority Opinion by Justice O'Connor, a Concurrence by Justice Scalia, and a Dissent by Justice Souter; your decision is up to you.
Related issues:		Offense Sex Money Art
Notes:		This page was originally contributed by Cara Finnegan, graduate student at Northwestern University.

For help
with these categories.

Copyright © 1998 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 12 February 1999
The Free Speech website,

http://faculty-web.at.nwu.edu/commstud/freespeech/