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Trump order denying grants to artists over 'gender ideology' violated First Amendment, judge rules

The judge ruled the policy violated First Amendment free speech rights by restricting arts funding based on viewpoints about gender identity, impacting four organizations represented by the ACLU.

  • On Friday, U.S. District Judge William Smith blocked the Trump administration from disfavoring arts groups seen as promoting 'gender ideology' when awarding National Endowment for the Arts grants, ruling the policy violated the First Amendment.
  • After the NEA required applicants to certify they would not promote 'gender ideology,' four arts and theater organizations represented by the American Civil Liberties Union sued in March, following the executive order signed on January 20.
  • In his order, the judge concluded the NEA's Final Notice imposes an unconstitutional viewpoint-based restriction by penalizing artists and arts organizations for promoting gender ideology, stating, `The NEA intends to disfavor applications that promote gender ideology precisely because they promote gender ideology.`
  • The ACLU praised the ruling and said it protects artists working with transgender and LGBTQ themes from forced self-censorship and project alterations, celebrating a victory for free speech.
  • The court found the NEA lacked statutory authority, with U.S. District Judge William Smith ruling the grant restrictions ran afoul of federal law and the US Constitution, citing zero explanation for 'promote gender ideology'.
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The Mighty 790 KFGO broke the news in on Friday, September 19, 2025.
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