national endowment arts et al karen finley et argued march decided june held section facially valid neither inherently interferes first amendment rights violates constitutional vagueness principles pp respondents confront heavy burden advancing facial constitutional challenge demonstrated substantial risk application lead suppression free expression see broadrick oklahoma premise respondents claim constrains agency ability fund certain categories artistic expression provision however simply adds considerations process preclude awards projects might deemed indecent disrespectful place conditions grants even specify factors must given particular weight reviewing application regardless whether nea view formulation diverse advisory panels sufficient comply congress command fact reasonable reading plain text clearly impose categorical requirement furthermore political context surrounding decency respect clause adoption inconsistent respondents assertion legislation bipartisan proposal introduced counterweight amendments eliminated nea funding substantially constrained authority section merely admonishes nea take decency respect consideration perceive realistic danger utilized preclude punish expression particular views typically strikes legislation facially unconstitutional dangers evident substantial see paul given varied interpretations decency respect criteria urged parties provision vague exhortation take consideration seems unlikely significantly compromise first amendment values nea enabling statute contemplates number indisputably constitutional applications decency respect prong well established decency permissible factor educational suitability motivates consideration see board island trees union free school dist pico statute already provides agency must take cultural diversity account references permissible applications alone sufficient sustain statute neither persuaded applications language give rise suppression protected expression considerations may taken account consequence nature arts funding nea limited resources allocate among many artistically excellent projects basis wide variety subjective criteria respondent reliance rosenberger rector visitors univ overturned public university objective decision denying funding student publications religious editorial therefore misplaced nea mandate make aesthetic judgments inherently excellence threshold nea support sets apart subsidy issue rosenberger moreover although first amendment applies subsidy context congress wide latitude set spending priorities see regan taxation representation unless applied manner raises concern suppression disfavored viewpoints uphold pp lower courts also erred invalidating unconstitutionally vague first fifth amendments protect speakers arbitrary discriminatory enforcement vague standards see naacp button section terms undeniably opaque appeared criminal statute regulatory scheme raise substantial vagueness concerns unlikely however speakers compelled steer far clear forbidden area context nea grants practical matter artists may conform speech believe nea decisionmaking criteria order acquire funding government acting patron rather sovereign consequences imprecision constitutionally severe context selective subsidies always feasible congress legislate clarity indeed accept respondents vagueness argument call question constitutionality many valuable government programs awarding scholarships grants basis subjective criteria excellence pp reversed remanded endowment arts finley syllabus delivered opinion rehnquist stevens kennedy breyer joined ginsburg joined except part scalia filed opinion concurring judgment thomas joined souter filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press national endowment arts et al petitioners karen finley etal writ certiorari appeals ninth circuit june justice delivered opinion national foundation arts humanities act amended requires chairperson national endowment arts nea ensure artistic excellence artistic merit criteria grant applications judged taking consideration general standards decency respect diverse beliefs values american public case review appeals determination face impermissibly discriminates basis viewpoint void vagueness first fifth amendments conclude facially valid neither inherently interferes first amendment rights violates constitutional vagueness principles establishment nea congress embarked broadly conceived national policy support arts see pledging federal funds help create sustain climate encouraging freedom thought imagination inquiry also material conditions facilitating release creative talent enabling statute vests nea substantial discretion award grants identifies broadest funding priorities including artistic cultural significance giving emphasis american creativity cultural diversity professional excellence encouragement public knowledge education understanding appreciation arts see applications nea funding initially reviewed advisory panels composed experts relevant field arts amendments enabling statute panels must reflect diverse artistic cultural points view include wide geographic ethnic minority representation well lay individuals knowledgeable arts panels report national council arts council turn advises nea chairperson chairperson ultimate authority award grants may approve application council made negative recommendation since nea distributed three billion dollars grants individuals organizations funding served catalyst increased state corporate foundation support arts congress recently restricted availability federal funding individual artists confining grants primarily qualifying organizations state arts agencies constraining see department interior related agencies appropriations act pub stat far largest portion grants distributed fiscal year awarded directly state arts agencies remaining categories substantial grants allocated symphony orchestras fine arts museums dance theater foundations opera associations see national endowment arts fy grants creation presentation throughout nea history handful agency roughly awards generated formal complaints misapplied funds abuse public trust two provocative works however prompted public controversy led congressional revaluation nea funding priorities efforts increase oversight procedures institute contemporary art university pennsylvania used visual arts grant received nea fund retrospective photographer robert mapplethorpe work exhibit entitled perfect moment included homoerotic photographs several members congress condemned pornographic see cong rec members also denounced artist andres serrano work piss christ photograph crucifix immersed urine see id serrano awarded grant southeast center contemporary art organization received nea support considering nea appropriations fiscal year congress reacted controversy surrounding mapplethorpe serrano photographs eliminating agency budget precise amount contributed two exhibits nea grant recipients congress also enacted amendment providing nea funds may used promote disseminate produce materials judgment nea may considered obscene including limited depictions sadomasochism homoeroticism sexual exploitation children individuals engaged sex acts taken whole serious literary artistic political scientific value department interior related agencies appropriations act pub stat nea implemented congress mandate instituting requirement grantees certify writing utilize federal funding engage projects inconsistent criteria appropriations bill certification requirement subsequently invalidated unconstitutionally vague federal district see bella lewitzky dance foundation frohnmayer supp cd cal nea appeal decision appropriations bill congress also agreed create independent commission constitutional law scholars review nea procedures assess possibility focused standards public arts funding commission report issued september concluded constitutional obligation provide arts funding also recommended nea rescind certification requirement cautioned legislation setting forth content restrictions instead commission suggested procedural changes enhance role advisory panels statutory reaffirmation high place nation accords fostering mutual respect disparate beliefs values among us see independent commission report congress national endowment arts record doc exh hereinafter report congress informed commission recommendations cognizant pending judicial challenges funding limitations appropriations bill congress debated several proposals reform nea process considered agency reauthorization fall house rejected crane amendment virtually eliminated nea see cong rec rohrabacher amendment introduced prohibition awarding grants used promote distribute disseminate produce matter purpose effect denigrating beliefs tenets objects particular religion denigrating individual group individuals basis race sex handicap national origin id ultimately congress adopted amendment bipartisan compromise members opposing funding restrictions favoring guidance agency relevant part amendment became directs chairperson establishing procedures judge artistic merit grant applications tak consideration general standards decency respect diverse beliefs values american public nea promulgated official interpretation provision december council unanimously adopted resolution implement merely ensuring members advisory panels conduct initial review grant applications represent geographic ethnic aesthetic diversity see minutes retreat national council arts reprinted app transcript retreat national council arts reprinted id john frohnmayer chairperson nea also declared count procedures ensuring diverse membership peer review panels fulfill congress mandate see id four individual respondents case karen finley john fleck holly hughes tim miller performance artists applied nea grants enacted advisory panel recommended approval respondents projects initially receiving frohnmayer request reconsider three applications majority council subsequently recommended disapproval june nea informed respondents denied funding respondents filed suit alleging nea violated first amendment rights rejecting applications political grounds failed follow statutory procedures basing denial criteria set forth nea enabling statute breached confidentiality grant applications release quotations press violation privacy act respondents sought restoration recommended grants reconsideration applications well damages alleged privacy act violations congress enacted respondents joined national association artists organizations naao amended complaint challenge provision void vagueness impermissibly viewpoint based first amended complaint record doc mar district denied nea motion judgment pleadings supp cd cal discovery nea agreed settle individual respondents statutory constitutional claims paying artists amount vetoed grants damages attorney fees see stipulation settlement agreement record doc pp june district granted summary judgment favor respondents facial constitutional challenge enjoined enforcement provision see rejected argument nea comply structuring grant selection process provide diverse advisory panels id provision stated fails adequately notify applicants required circumscribe nea discretion id reasoning nature pluralistic society infinite number values beliefs correlatively may national standards decency concluded given effect consistent fifth amendment due process requirement id citing grayned city rockford drawing analogy arts funding public universities ruled first amendment constrains nea grantmaking process clearly reaches substantial amount protected speech impermissibly overbroad face government seek stay district injunction consequently nea applied since june divided panel appeals affirmed district ruling majority agreed district nea compelled adoption alter grantmaking procedures ensure applications judged according decency respect criteria chairperson reasoned discretion ignore obligation enforce part give cramped construction id concluding decency respect criteria susceptible objective definition held gives rise danger arbitrary discriminatory application void vagueness first fifth amendments id alternative ruled violates first amendment prohibition restrictions protected speech government funding arts explained traditional sphere free expression rust sullivan area government stated intention encourage diversity views private speakers rosenberger rector visitors univ accordingly finding restriction sole rationale operative principle rosenberger supra noting nea failure articulate compelling interest provision declared facially invalid dissent asserted first amendment protects artists rights express indecently disrespectfully like compel government fund speech id kleinfeld dissenting challenged provision dissent contended prohibit nea funding indecent offensive art merely required agency consider decency respect criteria grant selection process id moreover according dissent reasoning vagueness principles applicable direct regulation speech bearing selective award prizes government may draw distinctions based content viewpoint making funding decisions id three judges dis sented denial rehearing en banc maintaining panel decision gave statute implausible construction applied vagueness doctrine belong extended first amendment principles situation first amendment cover granted certiorari reverse judgment appeals ii respondents raise facial constitutional challenge consequently confront heavy burden advancing claim rust supra facial invalidation manifestly strong medicine employed sparingly last resort broadrick oklahoma see also dallas noting facial challenges legislation generally disfavored prevail respondents must demonstrate substantial risk application provision lead suppression speech see broadrick supra respondents argue provision paradigmatic example viewpoint discrimination rejects artistic speech either fails respect mainstream values offends standards decency premise respondents claim constrains agency ability fund certain categories artistic expression nea however reads provision merely hortatory contends stops well short absolute restriction section adds considerations process preclude awards projects might deemed indecent disrespectful place conditions grants even specify factors must given particular weight reviewing application indeed agency asserts adequately implemented merely ensuring representation various backgrounds points view advisory panels analyze grant applications see declaration randolph mcausland deputy chairman programs nea reprinted app stating nea implements provision ensuring peer review panels represent variety geographical areas aesthetic views professions areas expertise races ethnic groups gender include lay person decide whether nea formulation diverse advisory panels sufficient comply congress fact reasonable reading statute clear however text imposes categorical requirement advisory language stands sharp contrast congressional efforts prohibit funding certain classes speech congress fact intended affirmatively constrain nea authority done uncertain terms see bscenity without artistic merit protected speech shall funded furthermore like plain language political context surrounding adoption decency respect clause inconsistent respondents assertion provision compels nea deny funding basis viewpoint discriminatory criteria legislation bipartisan proposal introduced counterweight amendments aimed eliminating nea funding substantially constraining authority see cong rec independent commission cautioned congress adoption distinct standards funding commission report suggests additional criteria selection incorporated part selection process perhaps part definition excellence rather isolated treated exogenous considerations report congress keeping recommendation criteria inform assessment artistic merit congress declined disallow particular viewpoints sponsors noted urging rejection rohrabacher amendment start road prohibiting categories expression categories indeed constitutionally protected speech end one member aversions end others different sensibilities different values begin cong rec statement coleman see also id statement williams arguing rohrabacher amendment prevent funding jasper johns flag series merchant venice chorus line birth nation grapes wrath contrast vote one sponsors stated done one important thing amendment maintained integrity freedom expression id admonishes nea merely take decency respect consideration legislation aimed reforming procedures rather precluding speech undercut respondents argument provision inevitably utilized tool invidious viewpoint discrimination cases struck legislation facially unconstitutional dangers evident substantial paul example invalidated face municipal ordinance defined criminal offense placement symbol public private property one knows reasonable grounds know arouses anger alarm resentment others basis race color creed religion gender see id provision set forth clear penalty proscribed views particular disfavored subjects id suppressed distinctive idea conveyed distinctive message id contrast decency respect criteria silence speakers expressly threaten ing censorship ideas see ibid thus perceive realistic danger compromise first amendment values respondents arguments demonstrate considerations provision introduces nature engender kind directed viewpoint discrimination prompt invalidate statute face respondents assert example ne find two people agree beliefs values american public much less whether particular work art claim ecency likely mean something different septegenarian tuscaloosa teenager las vegas brief respondents nea likewise views considerations enumerated susceptible multiple interpretations see department interior related agencies appropriations hearing subcommittee interior related agencies house committee appropriations testimony john frohnmayer one individual wise enough able consider general standards decency diverse values beliefs american people group decisions accordingly provision introduce considerations practice effectively preclude punish expression particular views indeed one hardly anticipate decency respect bear grant applications categories funding symphony orchestras respondents claim provision facially unconstitutional may reduced argument crite ria sufficiently subjective agency utilize engage viewpoint discrimination given varied interpretations criteria vague exhortation take consideration seems unlikely provision introduce greater element selectivity determination artistic excellence reluctant event invalidate legislation basis hypothetical application situations fcc pacifica foundation nea enabling statute contemplates number indisputably constitutional applications decency prong reference respect diverse beliefs values american public educational programs central nea mission see americans receive school background preparation arts humanities listing projects productions encourage public knowledge education understanding appreciation arts among nea funding priorities national endowment arts fy application guidelines describing education access category brief arts broadcast library museum publishing amici curiae citing nea strategic plan fy identifies children festivals museums art education youth projects artists schools examples nea activities well established decency permissible factor educational suitability motivates consideration board island trees union free school dist pico see also bethel school dist fraser surely highly appropriate function public school education prohibit use vulgar offensive terms public discourse permissible applications mandate consider respect diverse beliefs values american public also apparent setting forth purposes nea congress explained vital democracy honor preserve multicultural artistic heritage agency expressly takes diversity account giving special consideration projects productions reach reflect culture minority inner city rural tribal community well projects generally emphasize cultural diversity respondents contend criteria impermissibly applied may justified statute contemplates respect project intended audience recognize course reference permissible applications alone sufficient sustain statute respondents first amendment challenge neither persuaded applications language give rise suppression protected expression contentbased considerations may taken account process consequence nature arts funding nea limited resources must deny majority grant applications receives including many propose artistically excellent projects agency may decide fund particular projects wide variety reasons technical proficiency artist creativity work anticipated public interest appreciation work work contemporary relevance educational value suitability appeal special audiences children disabled service rural isolated community even simply work increase public knowledge art form brief petitioners dissent noted impossible highly selective grant program without denying money large amount constitutionally protected expres sion kleinfeld dissenting assumption nea grants awarded according artistic worth competing applications absolute neutrality simply inconceivable advocates arts thomson cert denied respondent reliance decision rosenberger rector visitors univ therefore misplaced rosenberger public university declined authorize disbursements student activities fund finance printing christian student newspaper held subsidizing student activities fund university created limited public forum impermissibly excluded publications religious editorial viewpoints id although scarcity nea funding distinguish case rosenberger see id competitive process according grants allocated context arts funding contrast many subsidies government indiscriminately encourage diversity views private speakers id nea mandate make aesthetic judgments inherently excellence threshold nea support sets apart subsidy issue rosenberger available student organizations educational purpose university id comparably objective decisions allocating public benefits access school auditorium municipal theater see lamb chapel center moriches union free school southeastern promotions conrad second class mailing privileges available newspapers periodical publications see hannegan esquire respondents allege discrimination par ticular funding decision fact filing suit challenge two individual respondents received nea grants see exhibit heins declaration record doc nos letters nea informing respondents hughes miller awarded solo performance theater artist fellowships thus occasion address challenge situation denial grant may shown product invidious viewpoint discrimination nea leverage power award subsidies basis subjective criteria penalty disfavored viewpoints confront different case stated even provision subsidies government may ai suppression dangerous ideas regan supra internal quotation marks omitted subsidy manipulated coercive effect relief appropriate see arkansas writers project ragland scalia dissenting see also leathers medlock ifferential taxation first amendment speakers constitutionally suspect threatens suppress expression particular ideas viewpoints addition nea concedes pressing constitutional question arise government funding resulted imposition disproportionate burden calculated drive certain ideas viewpoints marketplace simon schuster members state crime victims see brief petitioners unless applied manner raises concern suppression disfavored viewpoints however uphold constitutionality provision cf red lion broadcasting fcc pass upon constitutionality regulations envisioning extreme applications conceivable deal problems arise internal citation omitted finally although first amendment certainly application subsidy context note government may allocate competitive funding according criteria impermissible direct regulation speech criminal penalty stake long legislation infringe constitutionally protected rights congress wide latitude set spending priorities see regan taxation representation amendments incorporated congress modified declaration purpose nea enabling act provide arts funding contribute public support confidence use taxpayer funds ublic funds must ultimately serve public purposes congress defines held rust congress may selectively fund program encourage certain activities believes public interest without time funding alternative program seeks deal problem another way government discriminated basis viewpoint merely chosen fund one activity exclusion ibid see also maher roe basic difference direct state interference protected activity state encouragement alternative activity consonant legislative policy iii lower courts also erred invalidating unconstitutionally vague first fifth amendments speakers protected arbitrary discriminatory enforcement vague standards seenaacp button terms provision undeniably opaque appeared criminal statute regulatory scheme raise substantial vagueness concerns unlikely however speakers compelled steer far clear forbidden area context grants nature compare board airport los angeles jews jesus facially invalidating flat ban first amendment activities airport hoffman estates flipside hoffman estates prohibitory stigmatizing effect ordinance relevant vagueness analysis grayned city rockford requiring clear lines lawful unlawful conduct recognize practical matter artists may conform speech believe criteria order acquire funding see statement charlotte murphy executive director naao reprinted app government acting patron rather sovereign consequences imprecision constitutionally severe context selective subsidies always feasible congress legislate clarity indeed statute unconstitutionally vague government programs awarding scholarships grants basis subjective criteria excellence see establishing congressional award program promote initiative achievement excellence among youths areas public service personal development physical expedition fitness providing funding national endowment humanities promote progress scholarship humanities authorizing secretary education award fellowships students superior ability selected basis demonstrated achievement exceptional promise authorizing award fulbright grants strengthen international cooperative relations authorizing secretary energy recognize teachers excellence mathematics science education accept respondents vagueness argument call question constitutionality valuable government programs countless others like section merely adds imprecise considerations already subjective selection process face impermissibly infringe first fifth amendment rights accordingly judgment appeals reversed case remanded proceedings consistent opinion ordered national endowment arts et al petitioners karen finley etal writ certiorari appeals ninth circuit june justice scalia justice thomas joins concurring judgment operation success patient died procedure medicine opinion case law sustains constitutionality gutting avid congressional opponents provision asked write separately unlike think must evaluated written rather distorted agency meant control terms establishes contentand criteria upon grant applications evaluated perfectly constitutional centuryschoolbook centuryschoolbook centuryschoolbook tatute centuryschoolbook centuryschoolbook eans centuryschoolbook centuryschoolbook hat centuryschoolbook centuryschoolbook centuryschoolbook centuryschoolbook ays centuryschoolbook section provides payment shall made section except upon application therefor submitted national endowment arts accordance regulations issued procedures established chairperson establishing regulations procedures chairperson shall ensure artistic excellence artistic merit criteria applications judged taking consideration general standards decency respect diverse beliefs values american public apparent loss understand mind gutting statute speculates statute merely advisory ante general standards decency respect americans beliefs values must statute says chairperson shall ensure result taken account see american heritage dictionary ed consider take account bear mind evaluating applications mean factors must always dispositive mean must always considered method compliance proposed national endowment arts nea diverse review panels artists nonartists reflect wide range geographic cultural obviously inadequate insults intelligence diverse panel membership increases odds panel takes factors account reach accurate assessment demand way increases odds panel take factors less ensures panel chairperson duty statute moreover nea fanciful reading make wholly superfluous section already requires chairperson issue regulations establish procedures ensure panels composed extent practicable individuals reflecting diverse artistic cultural points view statute requires decency respect factors considered evaluating example applications relating educational programs ante intended particular audience ante violate statute apply artistic excellence merit requirements select categories applications violate statute apply decency respect factors less universally reviewer may course give varying weight factors depending context categories cases example funding symphony orchestras ante factors may rarely ever affect outcome requires factors considered every case agree imposes categorical requirement ante sense require denial applications violate general standards decency exhibit disrespect diverse beliefs values americans compare bscenity shall funded factors need conclusive discriminatory extent particular applicant exhibits disrespect diverse beliefs values american public fails comport general standards decency likelihood receive grant diminishes words presence tak consideration clause regarded mere surplusage means something potter something decisionmaker else equal favor applications display decency respect disfavor applications unquestionably constitutes viewpoint discrimination conclusion altered fact statute compe denial funding ante provision imposing handicap black applicants civil service jobs saved race discrimination fact compel rejection black applicants viewpoint discrimination context unconstitutional point shall address anon law invalid unless situations decency respect factors constitute viewpoint discrimination none applicant displays decency onformity prevailing standards propriety modesty american heritage dictionary ed def applicant displays respect deferential regard diverse beliefs values american people def always edge applicant displays opposite finally conclusion viewpoint discrimination affected fact constitutes decency diverse beliefs values american people difficult pin ante preference favor display values rendered nondiscriminatory fact plenty room argument values might political context surrounding adoption respect clause discusses length ante change meaning affect constitutionality proved various statements quotes report independent commission floor debates provision meant categorically exclude particular viewpoint conceded plain text language meant anything unconstitutional way propels leap countertextual conclusion provision merely aimed reforming procedures utilized tool invidious viewpoint discrimination ante evident legislative history prompted directed public funding offensive productions serrano piss christ portrayal crucifix immersed urine mapplethorpe show lurid homoerotic photographs thus even one strays beyond plain text perfectly clear statute meant discriminate productions ban funding absolutely sure though shall discuss also unconstitutional make funding difficult fundamentally course legislative history valid claim upon attention virtual certainty members congress voted language knew agreed various statements culled report independent commission floor debate probably conducted almost empty floor wholly irrelevant statute bipartisan proposal introduced counterweight alternative proposal directly restrict funding basis viewpoint see ante judge statutes surveying scene accident one reviewed basis much worse basis says see estate romani slip scalia concurring part concurring judgment matters whether enactment product partisan alignment history whether upon passage members linked arms sang get together happier consonant scheme government inquire motives legislators tenney brandhove law issue case found text passed houses signed president art law unquestionably disrespect diverse beliefs values american people turn whether viewpoint discrimination violates constitution ii centuryschoolbook hat centuryschoolbook centuryschoolbook centuryschoolbook centuryschoolbook tatute centuryschoolbook centuryschoolbook ays centuryschoolbook centuryschoolbook centuryschoolbook centuryschoolbook onstitutional centuryschoolbook devotes much opinion explaining statute means something says neglects cite constitutional text governing analysis first amendment reads congress shall make law abridging freedom speech amdt emphasis added abridge contract diminish deprive sheridan complete dictionary english language ed enactment congress abridge speech disdain beliefs values american public abridge indecent speech wish create indecent disrespectful art unconstrained enactment statute artistes respondents remain entirely free les bourgeois merely deprived additional satisfaction bourgeoisie taxed pay preposterous equate denial taxpayer subsidy measures aimed suppression dangerous ideas regan taxation representation emphasis added quoting cammarano turn quoting speiser randall reason denial participation tax exemption subsidy scheme necessarily fundamental right direct restriction denial general rule significant coercive effect arkansas writers project ragland scalia dissenting one might contend suppose threat rejection available source free money constitute coercion hence abridgment within meaning first amendment cf norwood harrison agree contention make nea mandatory patron art indecent disrespectful even kitsch attract private support even one accepts contention application nea far sole source funding indecent disrespectful plain bad art accordingly government may earmark nea funds projects deems public interest without thereby abridging speech regan taxation representation supra section discriminatory less constitutional virtually every piece funding legislation enacted congress government without violating constitution selectively fund program encourage certain activities believes public interest without time funding alternative program rust sullivan noted rust congress chose establish national endowment democracy constitutionally required fund programs encouraging competing philosophies example funding discrimination cuts much closer one core political speech primary concern first amendment see id takes particularly high degree chutzpah nea contradict proposition since agency required law favor artistic opposed scientific political theological expression common folk even great minds matter think good idea john marshall told john adams recent immigration frenchmen include talented artists adams denounced frenchmen especially painters poets warned marshall fine arts like germs infected healthy constitutions ellis revolution profiles early american culture surely nea nothing less institutionalized discrimination point view nonetheless constitutional congressional determination favor decency respect beliefs values opposite favoritism abridge anyone freedom speech respondents relying rosenberger rector visitors univ argue discrimination impermissible unless government speaker government disburs ing public funds private entities convey governmental message ibid impossible imagine one think directly involving government viewpoint discrimination unconstitutional make situation even worse respondents mistaken business government favor disfavor points view modern times least innumerable subjectswhich main reason decided elect run government rather save money making posts hereditary makes bit difference insofar either common sense constitution concerned whether officials democracy favored point view achieving directly artists paint pictures example doc tors perform abortions advocating officially establishing office art appreciation example office voluntary population control giving money others achieve advocate funding private art classes example planned parenthood none anything abridging anyone speech rosenberger explains ante found viewpoint discrimination unconstitutional funding private speech involved government established limited public nea granting highly selective highly discriminating awards bears resemblance nub difference regard distinction abridging speech funding fundamental divide side first amendment inapplicable contrast seems believe first amendment despite words ineffable effect upon funding imposing constraints indeterminate nature announces without troubling enunciate particular test violated statute accurately violated quite different emasculated statute imagines government says may allocate competitive funding according criteria impermissible direct regulation speech criminal penalty stake ante government think may allocate competitive noncompetitive funding ad libitum insofar first amendment concerned finally true first amendment also true constitutional rule vague legislation application funding insofar bears upon first amendment concerns vagueness doctrine addresses problems arise government regulation expressive conduct see grayned city rockford government grant programs former context vagueness produces abridgment lawful speech latter produces worst waste money refrain observing however vagueness doctrine applicable agency charged making grants statutory standard artistic excellence thought standard met everything playing beethoven depiction crucifix immersed dubious constitutional validity decency respect limitations respondents demand judged strict standard artistic excellence humorlessness call vague laudatory description accomplishments nea ante notes satisfaction handful agency roughly awards generated formal complaints ante congress felt necessary enact evidently thought much noteworthy money exacted american taxpayers used produce crucifix immersed urine display homoerotic photographs secret provision prompted directed funding offensive productions instead banning funding productions absolutely think entirely constitutional congress took lesser step requiring disfavored evaluation grant applications opinion today renders even lesser step nullity reason concur judgment national endowment arts et al petitioners karen finley etal writ certiorari appeals ninth circuit june justice souter dissenting question whether italicized segment statute unconstitutional face artistic excellence artistic merit criteria applications grants national endowment arts judged taking consideration general standards decency respect diverse beliefs values american public emphasis added decency respect proviso mandates viewpointbased decisions disbursement government subsidies government wholly failed explain statute afforded exemption fundamental rule first amendment viewpoint discrimination exercise public authority expressive activity unconstitutional conclusions proviso viewpoint based regulation nea may permissibly engage discrimination patently mistaken may question raised answered government favor assumption constitutional applications statute enough satisfy demand facial constitutionality leaving claims proviso obvious invalidity dealt later response challenges specific applications discriminatory standards assumption irreconcilable long standing sensible doctrine facial overbreadth applicable claims brought first amendment speech clause respectfully dissent bedrock principle underlying first amendment government may prohibit expression idea simply society finds idea offensive disagreeable texas johnson bove else first amendment means government power restrict expression message ideas police dept chicago mosley say principle viewpoint neutrality underlies first amendment bose consumers union principle applies affirmative suppression speech also disqualification government favors congress generally permitted pivot discrimination otherwise protected speech offensiveness unacceptability views expresses see rosenberger rector visitors univ public university student activities funds may disbursed terms lamb chapel center moriches union free school access public school property may withheld basis viewpoint leathers medlock ifferential taxation first amendment speakers constitutionally suspect threatens suppress expression particular ideas viewpoints pacific gas elec public util access public utility billing envelopes must viewpoint based members city council los angeles taxpayers vincent first amendment forbids government regulate speech ways favor viewpoints ideas expense others goes without saying artistic expression lies within first amendment protection see hurley gay lesbian bisexual group boston remarking examples painting music poetry unquestionably shielded ward rock racism music form expression communication protected first amendment schad mount ephraim entertainment well political ideological speech protected motion pictures programs broadcast radio television live entertainment musical dramatic works fall within first amendment guarantee kaplan california ictures films paintings drawings engravings first amendment protection constitutional protection artistic works turns political significance may attributable productions though may indeed comment political simply expressive character falls within spectrum protected speech extending outward core overtly political declarations put differently art entitled full protection cultural life like native politics rests upon ideal governmental viewpoint neutrality turner broadcasting system fcc called upon vindicate ideal characteristically begin asking whether government adopted regulation speech disagreement message conveys government purpose controlling consideration ward rock racism supra citation omitted answer case damning one need nothing read text statute conclude congress purpose imposing decency respect criteria prevent funding art conveys offensive message decency respect provision face quintessentially viewpoint based quotations congressional record merely confirm obvious legislative purpose words cosponsor bill enacted proviso orks deeply offend sensibilities significant portions public supported public funds cong rec another supporter bill observed endowment support artists like robert mapplethorpe andre serrano offended angered many citizens behooving congress listen complaints nea make sure exhibits like funded indeed question congress mind definitive answer comes succinctly accurate remark proviso author bill add criteria artistic excellence artistic merit shell screen viewpoint must constantly taken account ii face clear legislative purpose plainly expressed work cut seeking constitutional reading statute see edward debartolo florida gulf coast building constr trades council says first phrase general standards decency respect diverse beliefs values american public imprecise capable multiple interpretations considerations provision introduces nature engender kind directed viewpoint discrimination prompt invalidate statute face ante unquestioned case law however clearly contrary sexual expression indecent obscene protected first amendment statute disfavoring speech fails respect america diverse beliefs values model viewpoint discrimination penalizes view disrespectful belief value espoused someone american populace boiled practical essence limitation obviously means art disrespects ideology opinions convictions significant segment american public disfavored whereas art reinforces values whole point proviso make sure works like serrano ostensibly blasphemous portrayal jesus funded see supra reverent treatment conventionally respectful christian sensibilities run afoul law nothing viewpoint based cf rosenberger statute targeting prohibited per spective general subject matter religion viewpoint based eichman striking statute impermissibly prohibited speech disrespectful flag fact statute disfavors art insufficiently respectful america diverse beliefs values alters conclusion one whit first amendment validate ambition disqualify many disrespectful viewpoints instead merely one see rosenberger supra another alternative avoiding unconstitutionality appears regard favor government argument nea may comply merely populating advisory panels analyze grant applications members diverse backgrounds see ante easy asserted implementation law fails even reflec plausible construction plain language statute rust sullivan government notes actually provides establishing regulations procedures chairperson nea shall ensure artistic excellence artistic merit criteria applications judged taking consideration general standards decency respect diverse beliefs values american public according government language requires decency respect considered judging applications making regulations chairperson takes decency respect consideration regulations ensuring diverse panels statute satisfied take great act find plausibility reading reference considering decency respect occurs subparagraph speaking criteria appli cations judged preamble directing chairperson adopt regulations judging applications decency respect obviously considered surprise government reading directly contradicted legislative history according provision author decency respect proviso mandates awarding funds award process general standards decency must accorded cong rec cosponsor bill put decisions artistic excellence must take consideration general standards decency respect diverse beliefs values american public government offers variant argument suggesting even nea must take decency respect account active review applications may satisfy statute indirect way natural behavior diversely constituted panels indeed apparently position chairperson nea since shortly legislation first passed problems position obvious first defies statute plain language suggest nea complies law merely allowing decency respect way subconscious inclinations panel members aking consideration conscious activity see webster new international dictionary ed defining take consideration make allowance judging id defining consideration ct process considering continuous careful thought examination deliberation attention id defining consider think care bear mind second even assuming diverse panel composition produce sufficient response proviso merely mean selection decency respect occur derivatively inclinations panel members instead directly intentional application criteria end day proviso still serve purpose screen offending artistic works still unconstitutional finally less obvious equally dispositive response reading statute mandate may satisfied merely selecting diverse panels renders essentially redundant provides review panels must comprise individuals reflecting wide geographic ethnic minority representation well individuals reflecting diverse artistic cultural points view statutory interpretations render superfluous provisions enactment strongly disfavored freytag commissioner internal quotation marks omitted third try avoiding constitutional problems disclaimer constitutional issue ection adds grantmaking process preclude awards projects might deemed place conditions grants even specify factors must given particular weight reviewing application ante since admonishes nea merely take respect consideration ante make funding decisions specifically grounds sees constitutional difficulty fair reading statute read anything viewpoint based requiring nothing diverse review panels read tolerating awards spread indecency disrespect long review panel national counsel arts chairperson given thought offending qualities decided underwrite way presumably prompted congressional outrage first place nothing naive representative said voted bill tolerate wasting federal funds sexually explicit photographs sacrilegious works cong rec even found view consideration plausible make difference question constitutionality statute required panel apply criteria taking consideration centrality christianity american cultural experience taking consideration whether artist communist taking consideration political message conveyed art even taking consideration superiority white race hold considerations facially constitutional merely statute requirement give particular much less controlling weight assume instances hold first amendment bars government considering viewpoint decides whether subsidize private speech statute mandates consideration viewpoint quite obviously unconstitutional cf dawson delaware holding first amendment forbids reliance defendant abstract beliefs sentencing even considered one factor among many ozonoff berzak breyer holding executive order provided person political associations may considered determining security clearance violated first amendment section statute iii second basic strand treatment today question see ante heart justice scalia see ante effect assumes whether statute mandates viewpoint discrimination constitutional issue government art subsidies fall within zone activity free first amendment restraints government calls attention roles government course entitled engage viewpoint discrimination food drug administration launches advertising campaign subject smoking may condemn habit without also show cowboy taking puff opposite page secretary defense wishes buy portrait decorate pentagon free prefer george washington george third government freely admits however neither speaks expression subsidized nea buys anything nea grants contrary believing arts reflect high place accorded american people nation rich cultural heritage vital mocracy provide financial assistance artists organizations support work government acts patron financially underwriting production art private artists impresarios independent consumption accordingly government us liberate first amendment strictures placing squarely within categories recognizing new category analogy accepted ones analogy however poor fit patronage falls embarrassingly wrong side line division reflected quite clearly precedents drawing notion held rust sullivan government entitled appropriate public funds promotion particular choices among alternatives offered health social service providers family planning without resort abortion government promotes particular governmental program entitled define limits program dictate viewpoint expressed speakers paid participate ibid added important qualifying language suggest funding government even coupled freedom fund recipients speak outside scope project invariably sufficient justify government control content expression id indeed outside contexts held time time congress may discriminate invidiously subsidies way aim suppression ideas regan taxation representation internal quotation marks brackets omitted see also lamb chapel government subsidizes private speech may favor viewpoints ideas expense others hannegan esquire postmaster general may deny subsidies certain periodicals ground morally improper public welfare public good thorough statement principles found recent case rosenberger rector visitors univ held university virginia discriminate viewpoint underwriting speech publications recognized government may act basis viewpoint state speaker state disburses public funds private entities convey governmental message id explained government may act viewpoint speak subsidize transmittal message favors instead expends funds encourage diversity views private speakers id government acts patron subsidizing expression others may prefer one lawfully stated view another rosenberger controls nea like student activities fund rosenberger subsidy scheme created encourage expression diversity views private speakers congress brought nea help americans achieve better understanding past better analysis present better view future nea purpose support new ideas help create sustain climate encouraging freedom thought imagination inquiry see also intent act encouragement free inquiry expression committee report accompanying bill reauthorize amend nea governing statute preamble act directs endownment programs open richly diverse reflecting ferment ideas always made nation strong free given congressional choice sustain freedom expression rosenberger teaches first amendment forbids decisions based viewpoint popularity long congress chooses subsidize expressive endeavors large business requiring nea turn funding applications artists exhibitors devote freedom thought imagination inquiry defying tastes beliefs values may use nea purse suppres dangerous ideas regan taxation representation supra internal quotation marks omitted says otherwise claiming distinguish rosenberger ground student activities funds case generally available applicants whereas nea funds disbursed selectively competitively choice ante rosenberger anticipated specifically rejected distinction held uncertain terms government justify viewpoint discrimination among private speakers economic fact scarcity scarce money demands choices course choices acceptable viewpoint neutral principle like artistic excellence artistic merit nothing decision indicate scarcity give state right exercise viewpoint discrimination otherwise impermissible ibid see also arkansas ed television forbes slip scarcity air time justify exclusion candidates debate public television neutral selection criteria must employed student activities fund issue rosenberger awarded competitive grants even applicants basis journalistic merit taking consideration message newspaper obvious beyond peradventure come differently leaving university free refuse funding considering publication christian perspective word said finally proposed alternative failed analogy solicitor general put oral argument something unique government funding arts first amendment purposes tr oral arg however different governmental patron may governmental speaker buyer argument goes patronage also singularly different traditional regulation speech limitations placed latter place applied viewpoint discrimination distributing patronage two answers first rosenberger forecloses claim nea first amendment issues arise somehow unique even rosenberger even thought nea program patronage truly singular hesitate reject government plea recognize new categorical patronage exemption requirement viewpoint neutrality reject simple reason government offered nothing justify recognition new exempt category question burden justify categorical exemption never explicitly addressed despite recognition speaker buyer categories past answer nonetheless obvious recent statement synthesizing host cases viewpoint discrimination first amendment presumptively places sort discrimination beyond power government simon schuster members state crime victims takes something defeat presumption burden necessarily government justify new exception fundamental rules give life first amendment government explain sphere governmental participation arts unique treated outside traditional first amendment limits government carried burden even squarely faced iv although like recognize facial challenges legislation generally disfavored dallas proviso type statute obviously lends attack nea offer list reasons denies grant application artist exhibitor whose subject raises hint controversy never know sure whether decency respect criteria played part decision nea deny funding hence hope waiting asapplied challenge plaintiff whose rejected proposal raised risk offense aimed exhibition forum decency respect might serve permissible selection criteria plaintiff sought funding project sanitized avoid rejection one denied institutional plaintiff national association artists organizations naao representative standing behalf potential plaintiffs see app declaration naao executive director listing exam ples potentially objectionable works produced several member organizations therefore gain nothing dismissing case requiring individuals groups bring essentially suit restyled challenge raising one possibilities mentioned entertaining challenge finds constitutional face part number indisputably constitutional applications decency respect criteria ante hard imagine bear grant applications categories funding symphony orchestras ante circumstances rejected facial challenges similar reasons facial challenge legislative act course difficult challenge mount successfully since challenger must establish set circumstances exists act valid salerno quite apart question might raised statement general rule beyond question freely concedes application well settled general rule limit challenges brought first amendment speech clause exception th rule recognized jurisprudence facial challenge based upon first amendment grounds applied statutes restricting speech doctrine rendering statute invalid applications facially invalid invalid ada guam society obstetricians gynecologists scalia dissenting denial certiorari see reno american civil liberties union striking decency provision communications decency act facially overbroad id slip concurring judgment part dissenting part declining apply rule salerno plaintiffs claim arose first amendment schad mount ephraim appellants claims rooted first amendment entitled raise overbreadth challenge internal quotation marks omitted gooding wilson thus routinely understood overbreadth doctrine apply plaintiff mounts facial challenge law investing government discretion discriminate viewpoint parcels benefits support speech see city lakewood plain dealer publishing facial challenge lies whenever licensing law gives government official agency substantial power discriminate based content viewpoint speech suppressing disfavored speech disliked speakers forsyth county nationalist movement applying overbreadth doctrine invalidate face ordinance allowing discrimination awarding parade permits sure facial challenge succeed unless statute overbroad new york state club city new york mean law invalidated overbreadth unless reaches substantial number impermissible applications new york ferber impediment invalidation speculates decency criterion might permissibly applied applications seeking create display art schools children museums whereas respect criterion might permissibly applied applications seeking create art celebrates minority tribal rural culture even certainly case challenged statute reaches substantial number impermissible applications one statute legitimate reach dwarfs arguably impermissible applications contrary nothing record suggests grant scheme administered broad authorization nea governing statute see devotes overwhelming proportion resources schools ethnic commemoration since decency respect criteria may employed many instances art seeking sidy neither aimed children meant celebrate particular culture statute facially overbroad cf city lakewood supra host first amendment cases considered merits facial challenges statutes policies embodied discrimination based content viewpoint expression vested officials discretion threatened even assumed properly drawn law greatly restricted prohibited manner expression circulation issue accordingly observation handful permissible applications decency respect proviso even true irrelevant government takes different tack arguing overbreadth analysis place case prospect expressive conduct forms basis overbreadth doctrine see massachusetts oakes plurality opinion present brief petitioners simply wrong explained prospect denial government funding necessarily carries potential chil individual thought expression rosenberger world nea funding makers exhibitors potentially controversial art either trim work avoid anything likely offend refrain seeking nea funding altogether either way whatever extent nea eligibility defines national mainstream proviso tend create timid esthetic either way proviso viewpoint discrimination chill expressive activity persons forsyth county see app declaration charlotte murphy executive director respondent naao recounting naao members applied nea grants fear work found indecent disrespectful others applied chilled applications scope projects decency respect provision indeed nea grants often matched funds private donors constraining impact significantly magnified chilling effect caused nea viewpointbased selection criteria exacerbated practical realities funding artistic community plainly stated nea occupies dominant influential role financial affairs art world nea provides much support conditions require matching private sources nea funding involvement project necessarily multiplier effect competitive market funding artistic endeavors addition funding sources regard nea award imprimatur signifies recipient artistic merit value nea grants lend prestige legitimacy projects therefore critical ability artists companies attract funding sources grant applicants rely nea well beyond dollar value particular grant since decency respect proviso substantially overbroad carries significant power chill artistic production display struck face strike proviso however instead preserves irony statutory mandate deny recognition virtually expression capable causing offense quarter recent manifestation scheme enacted create sustain climate encouraging freedom thought imagination inquiry footnotes title provides full payment shall made section except upon application therefor submitted national endowment arts accordance regulations issued procedures established chairperson establishing regulations procedures chairperson shall ensure artistic excellence artistic merit criteria applications judged taking consideration general standards decency respect diverse beliefs values american public applications consistent purposes section regulations procedures shall clearly indicate obscenity without artistic merit protected speech shall funded uncertainty point relates adjective issue current discussion one might argue decency respect factors constitute content discrimination rather viewpoint discrimination render easier uphold since believe statute must upheld either event pass conundrum assume worst quite well oeuvres four individual plaintiffs case sought funding described follows finley controversial show keep victims ready contains three segments second segment finley visually recounts sexual assault stripping waist smearing chocolate breasts using profanity describe assault holly hughes monologue without end somewhat graphic recollection artist realization lesbianism reminiscence mother sexuality john fleck stage performance little fishes confronts alcoholism catholicism course performance fleck appears dressed mermaid urinates stage creates altar toilet bowl putting photograph jesus christ lid tim miller derives performance golden childhood experiences life homosexual constant threat aids miller uses vegetables performances represent sexual symbols note lee rev citations omitted suppose unconstitutional government give money organization devoted promotion candidates nominated republican unconstitutional government promote candidates nominated republican party think unconstitutionality anything first amendment art may affect public attitudes behavior variety ways ranging direct espousal political social doctrine subtle shaping thought characterizes artistic expression joseph burstyn wilson course nothing whatsoever unconstitutional view general matter congress obligation support artistic enterprises many people detest first amendment speaks congress decides participate nation artistic life legal regulation subsidy scheme like nea congress choose spend public funds manner may discriminate viewpoint deciding gets money subject legislative history purpose disturbing upholds part statute drafted hope avoiding constitutional objections members congress proclaiming constitutionality congressional floor see ante like assume many members congress believed bill constitutional indeed members congress must take oath affirmation support constitution see art vi cl presume every case congress believed statute consistent constitutional commands see video impute congress intent pass legislation inconsistent constitution yates courts allow legislature conclusory belief constitutionality however sincere trump incontrovertible unconstitutionality emphatically province duty judicial department say law marbury madison cranch recognize explains ante amendment adding decency respect proviso bipartisan counterweight severe alternatives members congress may voted simply seemed least among various evils see cong rec happy aspects substitute contains language concerning standards decency find troubling applaud williams efforts achieving compromise difficult circumstances support williamscoleman substitute perhaps proviso mildest alternative available simply proves bipartisan push reauthorize nea succeed including least limitations appreciation alternatives alter fact congress passed decency respect restrictions knowing intending restrictions prevent future controversies stemming nea funding inflammatory art projects declaring inflammatory disfavored funding see rust sullivan congress established national endowment democracy encourage countries adopt democratic principles constitutionally required fund program encourage competing lines political philosophy communism fascism proposing public works art project pwap new deal program hired artists decorate public buildings president roosevelt allegedly remarked ca lot young enthusiasts painting lenin head justice building quoted mankin federal arts patronage new deal america commitment culture government arts mulcahy wyszomirski eds buying free take choice communicative element inherent act funding rosenberger rector visitors univ souter dissenting endorsement importance arts collectively endorsement individual message espoused given work art rust government create program encourage private speech instead used private speakers transmit specific information pertaining program recognized government appropriates public funds promote particular policy entitled say wishes rosenberger supra citing rust supra attempt avoid rosenberger describing nea funding terms competition scarcity work competition implies scarcity without exclusive prize compete competition merely surrogate scarcity criteria artistic excellence artistic merit may raise intractable issues identification artistic worth doubt used covertly filter unwanted ideas nothing inherently viewpoint discriminatory criteria noted esthetic government goal perfectly legitimate see metromedia san diego plurality opinion decency respect hand inherently facially viewpoint based serve legitimate permissible end assertion mere fact grants must awarded according artistic merit precludes absolute neutrality part nea ante therefore misdirected point government necessarily makes choices among competing applications even judgments artistic quality may branded subjective greater lesser degree question whether government may apply patently criteria making choices justice scalia suggests rosenberger turned distinction rather fact government established limited public forum ante leaving aside proper application forum analysis nea projects agree holding rosenberger turned characterizing metaphorical forum public degree like case rosenberger involved viewpoint discrimination made clear discrimination impermissible forums even ones cornelius naacp legal defense ed fund definition government made public property generally available facilitate private speech perry ed assn perry local educators defining nonpublic forum ublic property tradition designation forum public communication accordingly rosenberger brief allusion forum analysis way determinative holding planned parenthood southeastern casey statute restricting abortion struck large fraction cases statute relevant operate substantial obstacle woman choice undergo abortion however recognized overbreadth doctrine apply commercial speech hoffman estates flipside hoffman estates cf salerno fact bail reform act might operate unconstitutionally conceivable set circumstances insufficient render wholly invalid since recognized doctrine outside limited context first amendment placing emphasis potential applicability decency criterion educational programs neglects point existence entitled ccess arts support education concerned specifically funding arts education especially elementary secondary schools seems nea mission promote arts education ante carried primarily decency standard might constitutionally permissible applied applications grants standard appear relevant applications decency respect provision appears governs grant applications seemingly concedes isolated constitutional applications fact little matter speaking specific applications may valid goes admit alone sufficient sustain statute ante nonetheless upholds statute persuaded applications language give rise suppression protected expression ante conclusion appears rest combination competition rationale distinguishing rosenberger justifying discrimination reading decency respect proviso something viewpoint based treatment taking consideration establishing firm mandate subject constitutional scrutiny already explained however fair reading text attention case law foreclose reliance let alone arguments see also cong rec upport endowmen always represented housekeeping seal approval helped grantees generate dollars projects productions agree unconstitutionally vague chilling results imprecision drafting standards artistic excellence artistic merit government awards scarce grants scholarships inevitable permissible consequence distributing prizes basis criteria dealing subject defies exactness necessary imprecision criteria justifies tolerating degree vagueness might intolerable applying first amendment attempts regulate political discussion cf arkansas ed television forbes slip stevens dissenting problem chilling may naturally result necessarily open standards unacceptable chilling dangerous ideas speiser randall naturally results explicitly standards