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LAST UPDATED APRIL 2005


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NCAC Censorship News Issue #70:

Supreme Court Upholds "Decency" Standard for the NEA


As we go to press, the Supreme Court, on June 25, upheld the "decency" standard for federal grants to the arts, which requires the NEA to take into account "general standards of decency and respect for the diverse beliefs and values of the American public" when making grants. But the 8 to 1 decision held that the "decency" standard is only advisory, and cannot be used to censor controversial art or ideas. Justice Souter, the lone dissenter, said the "decency" clause violates the First Amendment: "A statute disfavoring speech that fails to respect Americans' diverse beliefs and values' is the very model of viewpoint discrimination." For the full text of the opinion, click here.