[afro-nets] Federal Judge Rules USAID Pledge Rule Is Unconstitutional

["Claudio Schuftan" <claudio@hcmc.netnam.vn>]

Federal Judge Rules USAID Pledge Rule Is Unconstitutional
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Cross-posted From: mailto:spiritof1848@yahoogroups.com

May 12, 2006 
Federal Judge Rules USAID Pledge Rule Is Unconstitutional 

A federal judge has ruled that a restriction on the activities of 
groups participating in the federal government's international 
HIV/AIDS program violates the First Amendment. At issue in the case 
brought against the United States Agency for International 
Development is a requirement passed by Congress in 2003 as part of 
the Global AIDS Act which requires that public health groups 
receiving U.S. funds pledge their "opposition to prostitution" in 
order to continue their HIV prevention work. In his opinion, Judge 
Victor Marrero of the U.S. District Court for the Southern District 
of New York ruled that the pledge requirement violated the First 
Amendment rights of two plaintiff organizations? the Alliance for 
Open Society International (a Kazakhstan-based affiliate of the Open 
Society Institute) and Pathfinder International in Watertown, 
Massachusetts? by restricting their privately funded speech and 
forcing them to adopt the government's viewpoint in order to remain 
eligible for funds. "The Supreme Court has repeatedly found that 
speech, or an agreement not to speak, cannot be compelled or coerced 
as a condition of participation in a government program," wrote 
Marrero. While the court's decision applies directly only to AOSI and 
Pathfinder, it could have a broad impact on other public health 
organizations also forced to adopt the government's viewpoint to 
receive federal funds. According to the plaintiffs, it is essential 
that public health organizations maintain their ability to introduce 
proven, effective HIV-prevention methods to at-risk populations 
without being forced to condemn the people they are trying to help. 
"It's wrong for the government to force public health organizations 
to make ideological pledges in order to do their work of preventing 
HIV/AIDS," said Rebekah Diller, associate counsel at the Brennan 
Center for Justice at the New York University School of Law, which 
represented the plaintiffs. "This decision has wider implications. As 
nonprofit organizations partner with government to address social 
problems, it should be clear that what counts is whether they do the 
work, not whether they are willing to espouse the government's 
positions." "Judge Rules in Favor of AOSI, Says USAID Pledge Rule Is 
Unconstitutional". 

--
Claudio Schuftan 
mailto:claudio@hcmc.netnam.vn