Legal scholars said the National Endowment for the Arts v. Finley decision would create a "chilling effect" in government subsidy programs, and it unlawfully expanded the government speech doctrine. By analyzing cases that subsequently use Finley for a substantive part of their rationale, this article argues the opposite: the courts have rejected the government's attempts to interpret the decision as one that allows viewpoint discrimination and have not allowed the government to further a broad reading of the decision. The article also argues that, under the government speech doctrine, Finley provides the controlling precedent for truly "hybrid speech" cases where the government and private voices are equally responsible for the speech that occurs. These cases involve "excellence criteria," in which private voices are selectively chosen by the government. In these cases, Finley should apply.
| Identifer | oai:union.ndltd.org:LSU/oai:etd.lsu.edu:etd-04142004-104506 |
| Date | 15 April 2004 |
| Creators | Gaddy, James |
| Contributors | Kevin Mulcahy, David Kurpius, Emily Erickson |
| Publisher | LSU |
| Source Sets | Louisiana State University |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lsu.edu/docs/available/etd-04142004-104506/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to LSU or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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