Because this law could mean so much or so little, it held potential for causing great mischief in the world of art and politics. We needed to reduce its uncertainty, and the best way to do that, I believed, was to force a court to interpret it, which would either void or narrow the law. To make it as broad a target as possible and to assure that someone would sue us, I reproduced the Helms amendment verbatim in the terms and conditions for grant recipients. It could not be ignored there, and if it was to be declared unconstitutional, it had to appear where the courts could not ignore it either.

Author: John Frohnmayer

Because this law could mean so much or so little, it held potential for causing great mischief in the world of art and politics. We needed to reduce its uncertainty, and the best way to do that, I believed, was to force a court to interpret it, which would either void or narrow the law. To make it as broad a target as possible and to assure that someone would sue us, I reproduced the Helms amendment verbatim in the terms and conditions for grant recipients. It could not be ignored there, and if it was to be declared unconstitutional, it had to appear where the courts could not ignore it either. - John Frohnmayer


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