Can't the NEA make grants to whoever they want?

Well, so the NEA is operating under, um, controlling laws, uh, passed by Congress, and the purpose of these grants is to promote artistic expression, uh, not to hire people to, um, be a mouthpiece for the government.

And the statute is very clear, and the legislative history un- uh, underlying it is very clear that Congress, in passing this law, did not want the government to control what artists say, and that the only criteria were artistic excellence and, uh, talent and artistic merit, and not to tell artists what productions to put on or, or how to do their artwork.