National Endowment for the Arts, et al. v. Karen Finley, et al. (524 U.S. 569)
U.S. Supreme Court · decided June 25, 1998 · Supreme Court Database (Spaeth)
- Citation
- 524 U.S. 569 · 118 S. Ct. 2168
- Decided
- June 25, 1998
- Term
- October Term 1997
- Vote
- 8–1
- Majority author
- Justice O'Connor
- Issue area
- First Amendment
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. The National Foundation on the Arts and the Humanities Act of 1965, as amended in 1990, 104 Stat. 1963, requires the Chairperson of the National Endowment for the Arts (NEA) to ensure that “artistic excellence and artistic merit are the criteria by which [grant] applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public.” 20 U. S. C. § 954(d)(1). In this case, we review the Court of Appeals’ determination that § 954(d)(1), on its face, impermissi-bly discriminates on the basis of viewpoint and is void for vagueness under the First and Fifth Amendments. We conclude that § 954(d)(1) is facially valid, as it neither inherently interferes with First Amendment rights nor violates constitutional vagueness principles. I A With the establishment of the NEA in 1965, Congress embarked on a “broadly conceived national policy of support for the . . . arts in the United States,” see § 953(b), pledging federal funds to “help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of... creative talent.” §951(7)- The enabling statute vests the NEA with substantial discretion to award grants; it identifies only the broadest funding priorities, including…
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