Art Law Library: Public Funding

 

Public funding for the arts does not allow the government to play the role of censor. While the government has considerable leeway in determining what and whom to fund, it may not do so in a vague or viewpoint-based manner. Although the government is not required to subsidize arts programs, once it does so it cannot rescind funding because of disagreement with the viewpoint expressed in a particular work. For example, the government may evaluate grant applicants on the basis of artistic excellence or general standards of decency, but it may not solely fund works promoting Christianity or Republicanism or deny funding because of antipathy to the views expressed by a particular work or artist. The government also cannot punish a particular museum or organization by rescinding funding if it opposes the ideas expressed by the institution, through its programming or otherwise.

Notwithstanding these relatively simple principles, publicly-funded arts institutions routinely come under attack for work that is controversial in any ground – sex, religion, political viewpoint, etc.