Can Government Funding Regulate Speech and/or Policy?

On June 20, 2013, The Supreme Court of the United States ruled in favor of the First Amendment’s protection of free speech striking down part of a Federal law regarding funding. The law had required all groups that receive funding for fighting AIDS globally to announce policies “opposing prostitution and sex trafficking.” Several of the groups that receive funding sued to challenge this requirement because it would made it harder for the groups to work with prostitutes who need testing and treatment.

This case is important because it raises the question of whether or not the government can use its funding power to require groups that are receiving that funding to follow its policies. In the past, the court has ruled in favor of federal laws, requiring libraries to filter out pornography from computers and telling subsidized clinics that they may not advise patients about abortions.

Chief Justice John G. Roberts Jr. said that the government may not control funding to regulate speech outside of the structure of the program itself. He said that the law requiring groups to declare their opposition to sex trafficking is “unconstitutional” and that the law “requires them [groups] to pledge allegiance” to the government’s policies regarding prostitution. The decision was 6 to 2, with Justices Antonin Scalia and Clarence Thomas dissenting.

At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.