ACLU of Rhode Island Challenges NEA Guidelines on Artistic Grants
PROVIDENCE — The American Civil Liberties Union (ACLU) of Rhode Island is advocating for clarity from the National Endowment for the Arts (NEA) regarding adherence to President Trump’s executive order prohibiting federal funds from promoting “gender ideology.” The ACLU argues that the NEA’s current guidelines do not adequately ensure that grants will be awarded based solely on artistic merit.
On Monday, the organization filed an amended complaint in U.S. District Court, emphasizing that compliance with the President’s order could infringe upon artists’ constitutional rights, particularly their freedom of expression. "The First Amendment prohibits the federal government from discriminating based on viewpoint," stated Vera Eidelman, an ACLU senior attorney. “If the NEA continues to favor certain views, we will seek permanent relief from the court.”
The legal battle began in March when the ACLU, representing several arts organizations like Rhode Island Latino Arts and National Queer Theater, sought a preliminary injunction to block the NEA from enforcing the executive order ahead of an April 7 deadline for grant applications.
In April, Judge William E. Smith recognized the ACLU’s likelihood of success in its claims but paused further action while the NEA considered its approach. Recently, the NEA announced it would follow the order on a case-by-case basis, with its chair holding discretion over grant approvals.
However, ACLU Executive Director Steven Brown expressed concerns that the guidance does little to alleviate fears about potential ideological biases affecting grant decisions. "We will continue pursuing judicial relief to protect artists’ free speech rights," he asserted. The NEA has not yet commented on the latest developments.
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