Art of the State: Congressional Censorship of the National Endowment for the Arts

Authors

Stephen F. Rohde

Abstract

This Article explores the content restrictions imposed on the National Endowments for the Arts and Humanities. It recalls the ambitious goals set for the NEA and NEH in 1965. Next, it traces the 1989-1990 legislative battles to ban federal funding for "obscene" and "indecent" art. Finally, the author concludes that the congressionally-imposed content restrictions are unconstitutional in that they abridge the first amendment, enact a system of prior restraint, violate the prohibition on bills of attainder, and establish vague and uncertain standards imperiling protected speech.

Recommended Citation

Stephen F. Rohde, Art of the State: Congressional Censorship of the National Endowment for the Arts, 12 UC Law SF Comm. & Ent. L.J. 353 (1990).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol12/iss3/4