Foreign Orgs Have No 1st Amendment Rights, Justices Say

Law360 (June 29, 2020, 8:22 PM EDT) -- The U.S. Supreme Court sided against HIV/AIDS groups challenging a requirement that their foreign affiliates explicitly oppose prostitution and sex trafficking before receiving any federal funding, holding that the foreign entities have no First Amendment rights under the Constitution.

In a 5-3 vote, the Supreme Court's conservative majority said that the government can enforce the no-prostitution policy against foreign affiliates of U.S.-based HIV/AIDS groups without violating the Constitution. Justice Elena Kagan did not participate in the decision.

The decision reverses a victory in the lower courts for groups like CARE USA, Pathfinder and others, who argued that forcing foreign affiliates that...

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