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Constitutional Law Keyed to Farber
Agency for International Development v. Alliance for Open Society Int’l, Inc.
Citation:570 U.S. 205 (2013)
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The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 outlined a comprehensive strategy to combat the spread of HIV/AIDS around the world. As part of that strategy, Congress authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations to assist in the fight. The Act imposes two conditions on that funding: no funds made available by the Act may be used to promote or advocate the legalization or practice of prostitution or sex trafficking; no funds may be used by an organization that does not have a policy explicitly opposing prostitution and sex trafficking. Respondent argues that this funding condition violates a recipient’s First Amendment rights. Respondents are a group of domestic organizations engaged in combating HIV/AIDS overseas. They fear that adopting a policy explicitly opposing prostitution may alienate certain host governments, and may diminish the effectiveness of some of their programs by making it more difficult to work with prostitutes in the fight against HIV/AIDS.
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