WUNRN

http://www.wunrn.com

 

http://www.nytimes.com/2013/06/21/us/court-finds-aids-programs-rules-violate-free-speech.html?_r=0

 

http://www.supremecourt.gov/opinions/12pdf/12-10_21p3.pdf

 

USA - SUPREME COURT RULES THAT FOR FEDERAL AIDS FUNDING, PRIVATE PROGRAMS NEED NOT HAVE POLICY OPPOSING PROSTITUTION

 

By Adam Liptak - June 20, 2013

WASHINGTON — Groups receiving federal money to combat AIDS abroad may not be required to adopt policies opposing prostitution, the Supreme Court ruled on Thursday.

The case arose from a 2003 law that requires private groups that receive federal money to combat AIDS abroad to have “a policy explicitly opposing prostitution.” The restriction does not apply to other recipients, including the World Health Organization.

Chief Justice John G. Roberts Jr., writing for a six-justice majority, said the First Amendment bars attaching that condition to federal grants because it requires recipients “to pledge allegiance to the government’s policy of eradicating prostitution.”

Justice Antonin Scalia, joined by Justice Clarence Thomas, dissented. “The First Amendment,” he wrote, “does not mandate a viewpoint-neutral government.”

Justice Elena Kagan recused herself from the case — United States Agency for International Development v. Alliance for Open Society International, No. 12-10 — presumably because she had worked on it as the United States solicitor general.

The Supreme Court has said the government may not attach strings to money it provides to some people and groups if those conditions infringe on constitutional rights — even though the government has no obligation to spend the money in the first place and even though recipients are not required to take the money.

In 2011, a divided three-judge panel of the United States Court of Appeals for the Second Circuit, in New York, blocked the law, saying it “compels grantees to espouse the government’s position on a controversial issue.” The full appeals court declined to rehear the case. Dissenting from that ruling, Judge José A. Cabranes wrote that the measure was “an uncomplicated and common-sensical condition of federal funding.”