Agency For International Development v. Alliance for Open Society International, Inc.: Balancing Congress's Spending Power Against First Amendment Liberties

Abstract

In Agency for International Development v. Alliance for Open Society International, Inc., the Supreme Court of the United States addressed whether Congress could require domestic nongovernmental organizations (NGOs) involved in the fight against AIDS to adopt a policy opposing prostitution in order to receive federal funds. The Court cautiously operated within the existing legal framework governing congressional funding conditions to hold that this policy requirement violates the First Amendment.