Agency for International Development v. Alliance for Open Society International, Inc. (AID)
In Agency for International Development v. Alliance for Open Society International, Inc. (AID), 133 S. Ct. 2321 (2013), the Supreme Court addressed a condition in a federal foreign aid grant program requiring that nongovernment organizations have an explicit policy opposing prostitution and sex trafficking in order to receive funds to fight the global spread of HIV and AIDS.
The Court held that the condition violated recipients freedom of speech by compelling them to adopt a particular belief as a condition of funding. Id. at 2330.
In so doing, the Court explained that in the First Amendment context funding conditions can be acceptable when they define the limits of the government spending program, but are impermissible when they seek to leverage funding to regulate speech outside the contours of the program itself. Id. at 2328.