Supreme Court: USAID Anti-Prostitution Pledge Requirement Violates First Amendment Rights of U.S Agencies

In Agency for International Development v. Alliance for Open Society Internation, No. 12-10, a case concerning funding under the Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, 22 U.S.C. 7601, for HIV advocacy and relief efforts abroad, the U.S. Supreme Court struck down a federal requirement directing that the recipient of any funding agree it is opposed to sex work.  The Court held that this policy requirement violates the First Amendment.  As the Court noted, the federal law at issue "make[s] the reduction of HIV/AIDS behavioral risks a priority of all prevention efforts," and includes "increas[ing] the availability of condoms" as a strategy for addressing such risks. This outcome will allow organizations to engage in more robust HIV advocacy and relief efforts abroad.

Also provided is the decision from the U.S. Court of Appeals for the Second Circuit.