Agency for International Development et al. v. Alliance for Open Society International, Inc. | |
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Argued April 22, 2013 Decided June 20, 2013 | |
Full case name | Agency for International Development et al. v. Alliance for Open Society International, Inc., et al. |
Docket no. | 12-10 |
Citations | 570 U.S. 205 ( more ) 133 S. Ct. 2321; 186 L. Ed. 2d 398; 2013 U.S. LEXIS 4699; 81 U.S.L.W. 4476 |
Case history | |
Prior | On writ on certiorari to the United States Court of Appeals for the Second Circuit; Alliance for Open Soc'y Int'l, Inc. v. U.S. Agency for Int'l Dev., 651 F.3d 218 (2d Cir. 2011) . |
Holding | |
The Policy Requirement violates the First Amendment by compelling as a condition of federal funding the affirmation of a belief that by its nature cannot be confined within the scope of the Government program. | |
Court membership | |
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Case opinions | |
Majority | Roberts, joined by Kennedy, Ginsburg, Breyer, Alito, Sotomayor |
Dissent | Scalia, joined by Thomas |
Kagan took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. Amends. I; U. S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act (2003) |
Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), also known as Alliance for Open Society I (to distinguish it from the 2020 case), was a United States Supreme Court decision in which the court ruled that conditions imposed on recipients of certain federal grants amounted to a restriction of freedom of speech and violated the First Amendment. [1] [2]
In 2003, the United States Congress passed and President George W. Bush signed a law providing federal government funds to private groups to help fight AIDS and other diseases all over the world, through the United States Agency for International Development (USAID). However, one of the conditions imposed by the law on grant recipients was a requirement, known as the anti-prostitution pledge, to have "a policy explicitly opposing prostitution and sex trafficking". [3] Many AIDS agencies preferred to remain neutral on prostitution so as not to alienate the sex workers they work with to reduce HIV rates. [4]
DKT International filed a lawsuit in Washington, DC but the challenge to the law was defeated on appeal. [5] Alliance for Open Society International and Pathfinder International filed another suit in 2005. In 2008, InterAction, and the Global Health Council joined the suit against the provision in a federal court in New York City, arguing that the requirement to promote a specific message violated the First Amendment's protection of free speech. [6] The district court judge ruled in their favor, and the provision has effectively been blocked since. [7] On appeal, the Second Circuit Court upheld the judge's decision.
In November 2012, the Supreme Court granted a petition for certiorari filed by USAID, the U.S. Department of Health and Human Services, and the Center for Disease Control. In a 6–2 decision, the court ruled in a majority written by Chief Justice John Roberts that the government cannot force a private organization to publicly profess a viewpoint that mirrors the government's view but is not held by the organization itself. Such a requirement would be considered a form of "leveraging" and violated the First Amendment protection of free speech. Justices Antonin Scalia and Clarence Thomas jointly filed a dissenting opinion arguing that the majority's ruling would prevent government funding for specific ideological programs. [1]
While the U.S. government subsequently did not hold American NGOs to the Policy Requirement for funding, it continues to require foreign affiliates of these NGOs to the requirement. A new set of lawsuits on this action began, and while the case upheld the Supreme Court ruling, the Supreme Court ruled in a 5–3 decision in Agency for Int’l Development v. Alliance for Open Society in 2020 that the foreign affiliates were considered separate non-American entities of the American NGOs, and thus did not enjoy the First Amendment freedom of speech protections rights in this case. [8]
The First Amendment to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
The United States President's Emergency Plan For AIDS Relief (PEPFAR) is a United States governmental initiative to address the global HIV/AIDS epidemic and help save the lives of those suffering from the disease. Launched by U.S. President George W. Bush in 2003, as of May 2020, PEPFAR has provided about $90 billion in cumulative funding for HIV/AIDS treatment, prevention, and research since its inception, making it the largest global health program focused on a single disease in history until the COVID-19 pandemic. PEPFAR is implemented by a combination of U.S. government agencies in over 50 countries and overseen by the Global AIDS Coordinator at the United States Department of State. As of 2023, PEPFAR has saved over 25 million lives, primarily in Sub-Saharan Africa.
Pathfinder International is a global non-profit organization that focuses on sexual and reproductive health and rights, including reproductive health, family planning, HIV/AIDS prevention and care, and maternal and newborn health. The organization operates in more than 15 low- and middle-income countries in Africa and South Asia. According to its website, "Pathfinder is driven by the conviction that all people, regardless of where they live, have the right to decide whether and when to have children, to exist free from fear and stigma, and to lead the lives they choose."
The Federal government of the United States requires certain non-governmental organizations (NGOs) that receive federal anti-HIV/AIDS or anti-trafficking funds to adopt an organization-wide policy opposing prostitution and sex-trafficking. This requirement, known as the anti-prostitution pledge, has been in place since 2003.
Alliance for Open Society International, Inc. (AOSI) is a U.S. public charity organized in 2003 under the laws of the State of Delaware.
Fisher v. University of Texas, 570 U.S. 297 (2013), also known as Fisher I, is a United States Supreme Court case concerning the affirmative action admissions policy of the University of Texas at Austin. The Supreme Court voided the lower appellate court's ruling in favor of the university and remanded the case, holding that the lower court had not applied the standard of strict scrutiny, articulated in Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), to its admissions program. The Court's ruling in Fisher took Grutter and Bakke as given and did not directly revisit the constitutionality of using race as a factor in college admissions.
Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the presumption against extraterritoriality applies to claims under the Alien Tort Claims Act. According to the Court's majority opinion, "it would reach too far to say that mere corporate presence suffices" to displace the presumption against extraterritoriality when all the alleged wrongful conduct takes place outside the United States.
Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2012), is a decision by the Supreme Court of the United States holding that it was possible for government-induced, temporary flooding to constitute a "taking" of property under the Fifth Amendment to the U.S. Constitution, such that compensation could be owed to the owner of the flooded property.
Town of Greece v. Galloway, 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5–4 in favor of the Town of Greece, holding that the town's practice of beginning legislative sessions with prayer did not violate the Establishment Clause of the First Amendment.
Knox v. Service Employees International Union, 567 U.S. 298 (2012), is a United States constitutional law case. The United States Supreme Court held in a 7–2 decision that Dianne Knox and other non-members of the Service Employees International Union did not receive the required notice of a $12 million assessment the union charged them to raise money for the union's political fund. In a tighter 5–4 ruling, the court further held that the long-standing precedent, the First Amendment requirement that non-union members covered by union contracts be given the chance to "opt out" of special fees was insufficient. Setting new precedent, the majority ruled that non-members shall be sent notice giving them the option to opt into special fees.
Heffernan v. City of Paterson, 578 U.S. ___ (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even if the employee did not exercise such a constitutional right.
Lane v. Franks, 573 U.S. 228 (2014), is a U.S. Supreme Court case involving public employee's freedom of speech rights. Edward Lane sued Steve Franks for unfairly firing him, out of retaliation for sworn testimony Lane gave during a federal fraud case. The Eleventh Circuit originally ruled in favor of Franks, “denying [Lane] first amendment protection to subpoenaed testimony”. The case was argued before the Supreme Court on April 28, 2014. The case was decided on June 19, 2014.
National Institute of Family and Life Advocates v. Becerra, 585 U.S. ___ (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment."
Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), abbreviated Janus v. AFSCME, was a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions to collect fees from non-union members. Under the Taft–Hartley Act of 1947, which applies to the private sector, union security agreements can be allowed by state law. The Supreme Court ruled that such union fees in the public sector violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees.
Agency for Int'l Development v. Alliance for Open Society International, 591 U.S. ___ (2020), also known as Alliance for Open Society II, was a United States Supreme Court case in which the Court held that compelled speech required as a condition for funding on foreign non-governmental affiliates of U.S. non-government organizations does not violate First Amendment rights.
Agency for International Development v. Alliance for Open Society International may refer to either of two United States Supreme Court cases:
303 Creative LLC v. Elenis, 600 U.S. ___ (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations with the Free Speech Clause of the First Amendment to the United States Constitution. In a 6–3 decision, the Court found for a website designer, ruling that the state of Colorado cannot compel the designer to create work that violates her values. The case follows from Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), which had dealt with similar conflict between free speech rights and Colorado's anti-discrimination laws, but was decided on narrower grounds.
United States v. Hansen, 599 U.S. ___ (2023), was a United States Supreme Court case about whether a federal law that criminalizes encouraging or inducing illegal immigration is unconstitutionally overbroad, violating the First Amendment right to free speech.