‘Decency Clause’ Ruling Is ‘Elitist’--Rohrabacher

A federal judge’s decision to throw out the National Endowment for the Arts’ controversial “decency clause” has been dismissed as “elitist” by Rep. Dana Rohrabacher (R-Huntington Beach).

“This is the ruling of a liberal, Carter-appointed judge, and it exemplifies the arrogance of the type of people who were being appointed when the Democrats controlled” the White House, said Rohrabacher, who has been among the NEA’s most vocal opponents.

The clause required artists receiving NEA grants to adhere to “general standards of decency.” U.S. District Judge A. Wallace Tashima ruled Tuesday that it was unconstitutional because it violated the First Amendment.

But Rohrabacher said “when you’re suggesting that taxpayers’ funds be handed out without regards to the values of the taxpayers, it’s a very arrogant, elitist position.” Allocation of government funds has nothing to do with First Amendment freedoms, and equating the two is “a liberal ruse.

“The government not only has a right to set standards for the use of tax dollars, it has an obligation,” he added. The court decision “again underscores the idea that the government shouldn’t be involved in the arts at all. We should leave the money in the protection of consumers and let them support artists reflecting their own tastes.”

Rohrabacher’s attacks on the NEA have been less frequent recently because he wants to avoid being “pegged as a one-issue guy.”