Overview

• U.S. District Judge William E. Smith enjoined the NEA from disfavoring applications deemed to promote “gender ideology” and vacated the agency’s plans to implement the executive order for grant decisions.
• He ruled the approach a viewpoint-based restriction on private speech in violation of the First Amendment.
• The decision also held that the NEA lacked authority under its governing statute to categorically penalize applications for promoting certain views.
• The lawsuit was filed in March by Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and Theatre Communications Group, represented by the ACLU, who argued the rules would compel self-censorship.
• After initially requiring applicants to certify they would not promote “gender ideology,” the NEA shifted to a chair-led case-by-case review under Trump’s Jan. 20 order, and the agency did not immediately comment as an appeal remains possible.