National Endowment for the Arts v. Finley case brief

National Endowment for the Arts v. Finley case brief summary

524 U.S. 569 (1998)

CASE SYNOPSIS

Petitioner National Endowment for the Arts (NEA) sought review of an order from the United States Court of Appeals for the Ninth Circuit that affirmed the district court's grant of summary judgment in favor of respondent artists. The artists challenged the constitutionality of the grant-making procedures under the National Foundation on the Arts and Humanities Act, 20 U.S.C.S. § 954(d)(1).

CASE FACTS
The artists challenged the grant-making procedures outlined in the National Foundation on the Arts and Humanities Act, 20 U.S.C.S. § 954 (d)(1), for First Amendment violations and constitutional vagueness after the NEA denied funding for their projects. The district court and court of appeals found that the statute was invalid.


DISCUSSION

• The Supreme Court held that the statute was facially valid because it neither inherently interfered with First Amendment rights nor violated constitutional vagueness principles. 
• The legislation merely took "decency and respect" into consideration and was aimed at reforming procedures rather than precluding speech. 
• The Court also held that the NEA expressly took diversity into account in the grant-making process. 
• Additionally, the Court held that the NEA had limited resources which made it impossible not to deny money to a large amount of constitutionally protected expression. 
• Thus, the Court found that the subjective selective process did not infringe onFirst or Fifth Amendment rights and reversed the grant of summary judgment in favor of the artists.

CONCLUSION
The grant of summary judgment in favor of respondents was reversed because the consideration of "decency and respect" in the National Endowment for the Arts grant-making process is facially valid and does not violate constitutional vagueness principles.

Suggested Study Aids and Books