Originally published by Law360 on June 26, 2013
On June 20, 2013, the U.S. Supreme Court upheld an injunction against enforcement of a provision of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Leadership Act) that required any recipient of Leadership Act funds to adopt a policy explicitly opposing prostitution and to refrain from any speech — even privately funded — that the government deemed inconsistent with that policy. In a 6-2 opinion by Chief Justice Roberts, the court held that this condition, known as the policy requirement, violated the First Amendment.
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