June 25, 1998
CONTACT: Roberto Bedoya: 202-347-6350
Supreme Court Upholds "Decency and Respect" Requirement
Statement of Roberto Bedoya, Executive Director, The National Association of Artists' Organizations (co-plaintiff)
"Today's Supreme Court ruling upholding the 'decency and respect' language of the NEA's reauthorization legislation is extremely disappointing.
"In the Court's opinion, 'decency and respect' is just a consideration that the NEA may take in to account when making awards and does not in fact mandate 'viewpoint discrimination.' The Court has disregarded the vagueness inherent in this statute. Instead the Court defanged the statue by asserting that it is inconsequential.
"What is most disheartening is that the justices did not understand the chilling effect that this language has had upon the arts community. The membership of the National Association Artists' Organization (NAAO) entered into this lawsuit specifically to challenge the constitutionality of the "decency and respect" language believing it be unconstitutionally vague in violation of the First and Fifth Amendments. The lower courts agreed. Now we are constrained by 'decency and respect' but we don't know what these words mean. Instead we must guess, behave with caution and make publicly supported art subjective to the whims of governmental powers. The chilling effect of this ruling upon our society is that members of the arts community which seek support from the NEA will once again be asked to self-censor.
"In the face of this loss NAAO will remain steadfast in defending our cultural citizenship, the rights of artists, and the role of government patronage in fostering creativity."
Founded in 1982, and comprised of over 700 artists' organizations and arts institutions, the National Association of Artists' organizations is a nonprofit membership organizations dedicated to serving, promoting, protecting artist-driven organizations: the primary supporters, presenters and makers of new and emerging work in the visual, performing, media, literary and interdisciplinary arts. NAAO provides a national voice for a constituency dedicated to cultural equity, freedom of expression, individual artists and the organizations that serve them.
EDITOR'S NOTE: This news release has been posted with the kind permission of NAAO. For more information, please contact NAAO directly at the telephone number above or visit their Web site: http://www.artswire.org/Artswire/naao/over.html
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Last updated: July 26, 1998