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1988

Vanderbilt Law Review

Artist and cultural expression

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First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel Apr 1988

First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel

Vanderbilt Law Review

May an opera house limit its productions to operas, or must it also show rock musicals? May a municipal theater devote an entire season to Shakespeare, or is it required to book any potential producer on a first come, first served basis?"'" As Professor Kenneth Karst observed in his comment on Southeastern Promotions, the Court's majority "answered these questions with silence."The failure of the Court to respond to Justices Scalia and Rehnquist is puzzling, because in both cases their questions are easily answered. ...

None of these answers, however, would have required a different result in Arkansas Writers' Project or …