This provision is commonly known as the "decency and respectaE clause.
In the case of Finley v. National Endowment for the Arts, Karen Finley, a performance artist, applied for funding from the National Endowment for the Arts. "Finley, a performance artist, was made famous by one of her stage routines in which she smeared her nude body with chocolate cake frosting to symbolize the defilement of womenaE (Hale). Her performance was viewed as having homosexual and erotic overtones. When her application for a grant was turned down due to the content and subject matter of her art she sued the NEA in federal court in California. The court ruled "that the decency and respect clause constituted an unreasonable restraint on artistic speech and found that it violated the First AmendmentaE (Hale). However, the case was appealed to the United States Supreme Court. "The Court held that because the decency and respect clause was not mandatory, i.e. the Act does not require NEA to base it's