"On Sept. 19, Senior U.S. District Court Judge William E. Smith sided with the plaintiffs' first two claims, denouncing "a viewpoint-based standard of review to Plaintiffs that disfavors applications deemed 'to promote gender ideology'" - a catch-all dogwhistle describing depictions of gender and sexuality outside rigid heterosexual marriage. The court "vacates and sets aside Defendants' current plan to implement the Executive Order.""
"The right has long self-identified as the protector of free speech, except when that speech has to do with race, gender, sexuality, queerness, science, (non-Christian) religion, and anything else the Trump regime deems seditious, such as being critical of the government. The National Endowment for the Arts is an independent agency created by Congress to fund and shepherd great American art."
Four arts organizations sued federal officials after an executive order instructed the National Endowment for the Arts to disfavor grant applications said to "promote gender ideology." Artists represented by the ACLU alleged violations of the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. Senior U.S. District Court Judge William E. Smith ruled for the plaintiffs on the First Amendment and APA claims and vacated the defendants' plan to implement the order. The court described the policy as a viewpoint-based standard that disfavors protected expressions and rejected the government's government-speech characterization, treating the projects as private speech supported by public funds.
Read at Advocate.com
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