New Administration? No Problem. A look ahead for arts and cultural instititions

On Monday, the world saw the inauguration of a second Trump Administration. No matter your personal politics, it is clear that this could have a profound impact on the arts and cultural sector, and non-profit institutions at large. During each year of his first administration, President Trump called for the elimination of federal institutions that engage the arts and cultural sector through grants, program funds, and other financial and programmatic support. In 2017, the President’s Committee for Arts and Humanities resigned en masse after White House response to events in Charlottesville, Virginia. He even dabbled in edicts about appropriately classical civic architecture (this one has already been resurrected). 

As I’ve discussed before, funding and programming will be key concerns for arts and cultural institutions. But what might things look like on the legal and advocacy front? What new laws might be passed that will reverberate through the non-profit sector? What Executive Orders and other administrative action will affect the day to day business of cultural institutions and the small businesses that work with them?

While it can be difficult to predict what the next four years will look like, we can certainly take some cues from the previous administration and the clues that the White House and insiders have already given. For example, just this week, President Trump has ordered that executive branch employees return to in-person work and implemented an executive branch hiring freeze, issued multiple orders regarding immigration and border protection, among dozens of official actions. 

While it may seem like these federal actions have seemingly little to do with organizational mission can still have startling ripple effects. 

For example, institutions with robust DEIB policies will want to keep a close eye on what changes in federal DEI policies might mean for funding and grant compliance, program participation, and other federal interactions. 

The executive order addressing sex and gender, explicitly calls for guidance to be applicable to external partners and the general public. It seems highly likely that the implementation of these orders may have impact far outside the executive branch, particularly among institutions that partner with or receive funding and support from the federal government. State and local governments which provide programmatic support may enact or more strongly enforce existing similar measures. 

New regulations affecting immigration may change how organizations bring in foreign artists, speakers, and advisors, as well as what international travel is approved for employees. 

Likewise, it seems certain that the platforms that organizations use to reach audiences and galvanize support may undergo changes. Before President Trump was even sworn in, drama around the future of TikTok made headlines. It remains to be seen whether that platform will remain viable for promotion within the United States in the future. Changes at formerly stalwart platforms like Facebook and X have led to user exodus and public criticism - even calls for boycotts - of advertisers on those platforms. These shifts mean that organizations might want to reexamine how they promote their mission and programming and what alternatives might be out there.

Given the likely unpredictability of the next four years, it is essential that institutions begin to think through their action plan beyond their doors - this might include making public position statements about particularly relevant controversies or engaging in direct advocacy with lawmakers and others who can affect ongoing policies. For organizations who have few direct interactions with the federal government, it may make sense to focus on impacting policy closer to home by engaging with state and local officials who control funding and will have a more immediate impact on how certain policies are implemented on the ground. 

Making and executing these plans requires expert counsel to navigate the delicate balance between advocacy and lobbying. If your organization needs that boost, email me today to discuss how Sexton Law PLLC can help you position your institution to protect your interests.

Attorney advertising; not intended as legal advice.