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Campbell University School of Law

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National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft Jan 1998

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.