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Entertainment, Arts, and Sports Law Commons

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Washington University Law Review

118 S. Ct. 2168 (1998)

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Nea V. Finley: A Decision In Search Of A Rationale, Lackland H.,Jr. Bloom Jan 1999

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H.,Jr. Bloom

Washington University Law Review

For the better part of a decade, debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for ...