Title page for ETD etd-04142004-104506


Type of Document Master's Thesis
Author Gaddy, James
URN etd-04142004-104506
Title "Don't Pooh-Pooh Our Poo Poo": Penalty, Subsidy, and Refusal to Fund in the Aftermath of National Endowment for the Arts V. Finley
Degree Master of Mass Communication (M.M.C.)
Department Mass Communication
Advisory Committee
Advisor Name Title
Emily Erickson Committee Chair
David Kurpius Committee Member
Kevin Mulcahy Committee Member
Keywords
  • finley
  • government speech
  • law
Date of Defense 2004-04-12
Availability unrestricted
Abstract
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.
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