- United States
- N.Y.
- Letter
The new certification requirement and funding prohibition imposed by the National Endowment for the Arts (NEA) on grant applicants is a concerning violation of First Amendment rights. By requiring artists to attest that they will not "promote gender ideology" in order to be eligible for funding, the NEA is engaging in unconstitutional viewpoint discrimination. Art has long served as a means of exploring complex ideas and perspectives, and this requirement amounts to censorship based on the government's disapproval of certain viewpoints. This gag rule will have a chilling effect on free expression across the arts community, from major theater productions to community arts centers. Artists should not have to self-censor or alter their work to conform to the government's ideological preferences. The NEA was established to support artistic excellence, not to impose ideological litmus tests. Tying funding eligibility to a pledge against "promoting gender ideology" directly contradicts the agency's purpose and the First Amendment principles of free speech and expression. Furthermore, the vague language around "promoting gender ideology" leaves too much open to arbitrary enforcement and suppression of a wide range of perspectives and narratives related to gender and identity. This imprecise prohibition risks excluding important artistic works that explore LGBTQ+ experiences, examine gender norms, or confront complex societal issues through a gender lens. While the government has the authority to establish content-neutral criteria for competitive funding programs, it cannot discriminate against viewpoints it subjectively disfavors. Art plays a vital role in fostering dialogue, understanding, and challenging societal norms. This certification requirement and funding prohibition undermine that essential function and represent an unacceptable constraint on artistic freedom of expression. The NEA must uphold its mandate to support excellence in the arts without regard to ideological litmus tests that violate constitutional principles.
