Scotuscast

On May 5, 2020, the Supreme Court heard oral argument in United States Agency for Int’l Development v. Alliance for Open Society Int’l, Inc., a case which considers whether the First Amendment bars enforcement of a funding-related federal policy requirement not only against domestic organizations but also their foreign affiliates.The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations to combat HIV/AIDS around the world. The Act provides, however, that none of these funds may be used by an organization “that does not have a policy explicitly opposing prostitution and sex trafficking.” 22 U.S.C. §7631(f). In its 2013 decision in Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., the Supreme Court held that this “Policy Requirement” violated the First Amendment, by compelling as a condition of federal funding the