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Legal Principle at Issue

Can the U.S. government require U.S.-based NGOs to explicitly oppose prostitution and sex trafficking as a condition of receiving federal funding for global HIV/AIDS programs?

Action

In a 6-2 decision (with Justice Kagan recused), the Supreme Court ruled against the government. In a majority opinion written by Chief Justice Roberts, the Court said government cannot condition participation in a federal program on the affirmation of a belief that the organization does not hold. Such a policy requirement violated the First Amendment by compelling speech.