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The Supreme Court is to hear arguments on the NEA's decency clause
Shortly before Thanksgiving, the Supreme Court agreed to hear arguments on whether the government may impose standards of "decency" on artists who receive public monies.
The case, The National Endowment for the Arts vs. Finley, No. 97-371, is an attempt by the Clinton Administration to overthrow last year's United States Court of Appeals for the Ninth Circuit in San Francisco decision. By a two-to-one vote, the San Francisco court declared that a 1990 law requiring the NEA take into consideration "general standards of decency and respect for the diverse beliefs and values of the American public" when making grant decisions was unconstitutional.
Justice Department lawyers are appealing the decision, claiming that the court's ruling "prevents Congress from making a legitimate legislative choice respecting the expenditure of public funds."
The Court of Appeal's judgment upheld an...