|
|
|
Majority Opinion
|
O'Connor, J. (Ginsberg, J., joined except for Part II-B) |
|
Concurring Opinion
|
Scalia, J. concurring in judgment (joined by Thomas, J.) |
|
Dissenting Opinion
|
Souter, J. |
|
Lower Court
|
9th Circuit |
|
Lower Court Ruling
|
First Amendment claim sustained |
|
Oral Arguments
|
Oral Arguments
[Oyez]
|
| Lawyers |
Seth P. Waxman, Solicitor General
|
|
| Tony Mauro Analysis |
|
| Opinion - Lower Court |
Finley v. National Endowment for the Arts, 100 F.3d 671 (9th Cir., 1996) (2-1 per Browning with Kleinfeld dissenting)
|
|
| News |
Dart, Bob, "High Court to rule on 'decency standard'; Judging art," Atlanta Journal & Constitution," April 1, 1998, sect. A, p. 4
|
Denniston, Lyle, "High court weighs issue of funding 'indecent' art; U.S. asks to reinstate curb on NEA grants," Baltimore Sun, April 1, 1998, sect. A, p. 1
|
Duin, Julia, "Justices discuss defining decency; NEA case centers on artistic merit," Washington Times," April 1, 1998, sect. A, p. 4
|
Greenhouse, Linda, "Hearing Case on Art Grants, Court Reflects on 'Decency'," New York Times, April 1, 1998, sect. A, p. 18
|
Marquand, Robert, "Can Congress Decide What Is Art?," Christian Science Monitor," April 1, 1998, p. 1
|
Mauro, Tony, "High court hears case on arts funding," USA Today, April 1, 1998, sect. A, p. 4
|
O'Brien, Tim, Federal Arts Funding Before Supreme Court," ABC Good Morning America, March 31, 1998 (transcript available on LexisNexis)
|
Savage, David, "High Court Hears Case on U.S. Arts Grants," Los Angeles Times, April 1, 1998, p. 11
|
Totenberg, Nina, "Court Hears 'Decency' Case," National Public Radio, March 31, 1998 (transcript available on LexisNexis)
|
Usborne, David, "Artists' court plea tests limits of decency," The Independent London," April 1, 1998, p. 11
|
|
| Other |
Bezanson, Randall P., "The Government Speech Forum: Forbes & Finley & Government Speech Selection Judgments," 83 Iowa Law Review 953 (1998)
|
Bloom, Lackland, "NEA v. Finley: A Decision in Search of a Rationale," 77 Washington University Law Quarterly 1 (1999)
|
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2002), sect. 11.2
|
Cole, David, "Symposium: Art, Distribution & the State: Perspectives in the National Endowment for the Arts," 17 Cardozo Arts & Entertainment Law Journal 705 (1999)
|
Greene, Abner, ""Government of the Good," 53 Vanderbilt Law Review 1 (2000)
|
Heyman, Stephen, "State-Supported Speech," 1999 Wisconsin Law Review 1119
|
Redish, Martin & Kessler, Daryl, "Governmental Subsidies and Free Expression," 80 Minnesota Law Review 543 (1996)
|
Schauer, Frederick, "Principles, Institutions, and the First Amendment," 112 Harvard Law Review 84 (1998)
|
|
| Commentary |
Editorial, "Funding Controversial Art," St. Louis-Post Dispatch," April 1, 1998, sect. B, p. 6
|
Sullivan Kathleen, "Supreme Court Hears First Amendment Challenge to Limits on NEA Grants," Legal Times, March 30, 1998, p. 21
|
|
|
|
Previous capture