Defending the First Amendment
Those activist judges are at it again: defending the Constitution. Imagine the temerity of it!
Two Important Rulings on AIDS - New York Times
Under this sweeping edict, nonprofits that want government support must sign a pledge saying they oppose prostitution and will not spend any money – public or private – on programs the government does not approve of. Many groups are wary of signing, not because they favor prostitution, but because it is an offense to free speech, and because they are worried about harming vital programs aimed at teaching prostitutes about condom use.
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The judges in both cases found that extending the requirement to privately raised money went too far, violating the First Amendment.It remains to be seen whether the government will now stop trying to impose the pledge on other groups. We also don’t know how many groups will now feel emboldened to rescind pledges they have already signed. And, lamentably, the restriction still stands when it comes to spending federal dollars. Still, by declaring that government may not use its spending clout to compel or coerce private speech, the new decisions have vindicated an important constitutional principle, while removing at least one impediment for health groups trying to reach a high-risk community, and save lives.
Posted in Law and the Courts, Media and Free Speech