Number: RS21509
Title: Museum and Library Services Act of 2003 (H.R. 13): Using Obscenity and Decency Criteria in Selecting Grantees
Authors: Andrew W. Murnane, American Law Division 
Abstract: The Museum and Library Services Act of 2003, H.R. 13, 108th Congress, as passed by the House, reauthorizes funding for the Institute of Museum and Library Services. It requires the Director to deny funding to any project that has been found to be obscene by a court, and requires the Director, in making grants, to tak(e) into consideration general standards of decency and respect for the diverse beliefs and values of the American public. The Spending Clause of the Constitution gives Congress broad power to appropriate funds, and the content standards in H.R. 13 appears to fall well within congressional prerogatives. They would appear to be vulnerable to challenge only upon a showing that the Institute was implementing them so as to suppress disfavored viewpoints.
Pages: 4
Date: Updated April 30, 2003