Kavanaugh Pens SCOTUS Decision: Foreign Organizations in U.S. Do Not Have First Amendment Protections

Kavanaugh Pens SCOTUS Decision: Foreign Organizations in U.S. Do Not Have First Amendment Protections


The Supreme Court ruled on Monday that non-governmental agencies operating in the United States do not have First Amendment protections.

The decision involves a 2003 decision that provided First Amendment protections to non-governmental agencies based in the United States and ruled that these entities could be required to have policies in place that oppose prostitution and sex trafficking.

Since Congress passed the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act in 2003, the U.S. has provided billions of dollars to fund efforts to fight HIV/AIDS abroad.

Justice Brent Kavanaugh wrote for the majority in the 5-3 decision, which held in U.S. Agency for International Development v. Alliance for Open Society International that the enforcement of a similar requirements against the foreign affiliates of the same U.S.-based NGOs does not violate the First Amendment.

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SCOTUS Blog reported:

In 2013, by a vote of 6-2 (with Justice Elena Kagan recused,

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