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The information presented here by the National Coalition Against Censorship (NCAC) may be freely redistributed in its entirety, provided that readers are informed that the information was obtained from NCAC's World Wide Web site and that credit is given to the appropriate source of whatever information is used. Permission is expressly granted for the information obtained to be made available for file transfer from installations offering unrestricted anonymous file transfer on the Internet. Information found here may not be sold for profit or incorporated in commercial documents without the written permission from the National Coalition Against Censorship.

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free speech first amendment censorship

  

Public Funding
Public funding for the arts does not allow the government to play the role of censor. While the government has considerable leeway in determining what and whom to fund, it may not do so in a vague or viewpoint-based manner. Although the government is not required to subsidize arts programs, once it does so it cannot rescind funding because of disagreement with the viewpoint expressed in a particular work. For example, the government may evaluate grant applicants on the basis of artistic excellence or general standards of decency, but it may not solely fund works promoting Christianity or Republicanism or deny funding because of antipathy to the views expressed by a particular work or artist. The government also cannot punish a particular museum or organization by rescinding funding if it opposes the ideas expressed by the institution, through its programming or otherwise.

Notwithstanding these relatively simple principles, publicly-funded arts institutions routinely come under attack for work that is controversial in any ground – sex, religion, political viewpoint, etc.
 

Associated Cases:
Advocates for the Arts v. Thomson
Bella Lewitzky Dance Foundation v. Frohnmayer
Brooklyn Institute of Arts and Sciences v. City of New York
Bullfrog Films v. Wick
Cuban Museum of Arts and Culture, Inc. v. City of Miami
Esperanza Peace and Justice Center v. City of San Antonio
National Endowment for the Arts v. Finley
These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

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