|
Advocacy Blog
Wednesday, August 20, 2008
Court Rules Anti-prostitution Pledge Requirement Unconsitutional
A federal judge ruled that requiring groups to pledge their opposition to prostitution in order to participate in the federal government's international HIV/AIDS program continues to violate the First Amendment. This lawsuit challenges the requirement that public health groups receiving U.S. funds under the U.S. Leadership Against HIV/AIDS, Tuberculosis and Malaria Act pledge their opposition to prostitution in order to continue to receive funding.
A Brennan Center press release states; "Under this 'pledge requirement,' recipients of U.S. funds are forced to censor even their privately funded speech regarding the most effective ways to engage high-risk groups in HIV prevention. In May 2006, Judge Victor Marrero of the U.S. District Court for the Southern District of New York ruled that the requirement violates the First Amendment rights of two plaintiff organizations, Alliance for Open Society International and Pathfinder International, by restricting their privately funded speech and forcing them to adopt the government's viewpoint. Today's ruling extends that injunction to the members of InterAction, the largest alliance of U.S.-based humanitarian organizations, and to the U.S.-based members of Global Health Council, a preeminent public health membership group."
The court disagreed with the government's argument that government issued guidelines allow recipients to speak freely with their private funds. The guidelines require organizations to set up legally and physically separate affiliates, which the court ruled were too burdensome. Meanwhile, the Department of Health and Human Services is currently involved in a comment period on a final regulation which is almost identical to the guidelines the court ruled unconstitutional. In May OMB Watch submitted comments opposing these separation requirements.
Posted by Amanda Adams
|