Who were the NEA Four?
The "NEA Four"—a gay man, a bisexual man, a lesbian, and a
heterosexual feminist—played a prominent role in the culture wars of the
late 1980s and early 1990s, when they challenged the withdrawal of their
funding from the National Endowment for the Arts and a decency clause
imposed on grant recipients.
Founded in 1965, the NEA was mandated to consider cultural diversity in
its funding decisions. But by the mid-1980s, public support for the arts
was threatened by an increasingly conservative political climate. In 1989,
Republican lawmakers and religious right groups launched a campaign
against what they deemed morally objectionable art. Opponents were
particularly incensed that NEA funds had indirectly supported the work of
Robert Mapplethorpe—renowned for his homoerotic and sadomasochistic
images—and Andres Serrano, who photographed a crucifix in a jar of
urine. During a time of moral panic about homosexuality and AIDS,
conservative Patrick Buchanan, among others, saw public funding of
controversial art as a key battleground in a "culture war"
against traditional values.
At the behest of Rep. Dick Armey (R-Texas), more than 100 legislators
signed a letter to NEA chair John Frohnmayer threatening to withhold
federal support if the agency continued to fund "morally
reprehensible trash." In the fall of 1989, Congress passed an
amendment—introduced by Republican North Carolina Senator Jesse Helms—barring
the use of federal money to support work that could be considered obscene,
including "depictions of sadomasochism, homoeroticism, the sexual
exploitation of children, or individuals engaged in sex acts."
Following a vociferous debate, Congress reauthorized the NEA in 1990, but
added a provision that the agency must consider not only artistic merit,
but also "general standards of decency and respect for the diverse
beliefs of the American public."
In June of that year, citing the new clause and "certain political
realities," Frohnmayer rejected grants to four solo performance
artists—Karen Finley, Holly Hughes, John Fleck, and Tim Miller—that
had been unanimously recommended by a peer review panel.
Finley, a heterosexual woman and the best known of the four, was
renowned for smearing chocolate on her naked body to represent the
degradation of women. Hughes (a lesbian and former anti-porn feminist),
Fleck (a gay man whose act included urinating onstage—but not, as
accused, on a Bible), and Miller (a bisexual AIDS activist) all included
explicit homosexual themes in their work.
In addition to the NEA Four, conservatives also objected to federal
funding for Marlon Riggs’ film about the black gay experience, Tongues
Untied (1989), the GLBT film company Frameline, and the work of Ron Athey,
an HIV-positive artist who incorporated ritual body modification and
bloodletting into his performances.
Civil libertarians and queer activists reacted with outrage to the
encroachment on freedom of expression, but little support came from the
straight left or the mainstream arts establishment, because, as Hughes
explained, "anxieties about sexuality, the body,
and race are not just anxieties of the right, they are anxieties also
of downtown artists."
After the NEA rejected their request for an appeal in August 1990, the
four defunded artists—with the support of the American Civil Liberties
Union and the Center for Constitutional Rights—filed a lawsuit in
federal court demanding reinstatement of their grants and rescinding of
the NEA’s decency provision, arguing that the guidelines were vague and
unconstitutional. In 1992, federal district judge Wallace Tashima ruled in
their favor; the government, he said, does not have "free rein to
impose whatever content restrictions it chooses," since "the
right of artists to challenge conventional wisdom and values is a
cornerstone of artistic and academic freedom." Four years later, the
Ninth Circuit Court upheld Tashima’s ruling.
The NEA Four won a settlement reinstating their original grants and
awarding legal costs, but the Clinton administration appealed the lower
court decision regarding the decency clause. In June 1998, the Supreme
Court ruled by a vote of 8 to 1 that Congress has wide latitude to set
spending priorities. Wrote Justice Antonin Scalia, "Avant-garde
artistes...remain entirely free to epater la bourgeoisie [shock the middle
class]; they are merely deprived of the additional satisfaction of having
the bourgeoisie taxed to pay for it." However, the sole dissenting
justice, David Souter, said that the law carried "a significant power
to chill artistic production and display."
Although the original NEA implementation language stated that it was
the government’s proper role "to help create and sustain not only a
climate encouraging freedom of thought, imagination, and inquiry, but also
the material conditions facilitating the release of this creative
talent," the NEA Four case illustrated a shift in public support for
the arts. In 1996, Congress cut the agency’s budget from a high of more
than $170 million to less then $100 million, and the NEA ceased funding
individual performance artists; legislators increased the budget in
subsequent years, but never to its former level.
Perhaps an even more profound outcome was the chilling effect it had on
artists. "There’s enormous commercial pressure to be more
mainstream," said Hughes. "A lot of the counter-cultural edge
has really disappeared."
Liz Highleyman, a freelance writer and editor, can be reached at