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NATIONAL ENDOWMENT FOR ARTS v. FINLEY

No. 97-371.

524 U.S. 569 (1998)

118 S.Ct. 2168

141 L.Ed.2d 500

NATIONAL ENDOWMENT FOR THE ARTS et al. v. FINLEY et al.

Supreme Court of United States.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for petitioners. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Preston, Jeffrey P. Minear, William Kanter, Alfred Mollin, and Karen Christensen.

David Cole argued the cause for respondents. With him on the briefs were Ellen Yaroshefsky, Marjorie Heins, Steven R. Shapiro, Mary D. Dorman, and Carol Sobel.*

O'CONNOR, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, and Breyer, JJ., joined, and in all but Part II-B of which Ginsburg, J., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 590. Souter, J., filed a dissenting opinion, p. 600.

JUSTICE O'CONNOR delivered the opinion of the Court.†

The National Foundation on the Arts and the Humanities Act of 1965, as amended in 1990, 104 Stat. 1963, requires the Chairperson of the National Endowment for the Arts (NEA) to ensure that "artistic excellence and artistic merit are the criteria by which [grant] applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs...

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