whose grant applications have been denied less than this new standard was
distinguished gay performance artist Tim Miller, who is a co-plaintiff
in this circumstance.
Affirming a determination by District Judge Tashima, the bulk
rejected arguments by the NEA that the “decency and regard”
language was not really an operational component of the statute, and
subjected the language to very careful analysis under because of system and
to start with amendment rules. The NEA experienced argued that it could, by
regulation, put into practice this language in a way that would obviate any
vagueness difficulty, but the courtroom was not buying this argument,
pointing out that “the NEA has failed to existing a narrowing
design that is dependable with the language and objective of
the statute.
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