United States DC Circuit

A contractual provision conditioning public funding to private organizations for HIV/AIDS relief on the certification that they have a policy opposing prostitution and sex trafficking does not compel the organizations to advocate the government's position on prostitution and sex trafficking. Thus, the provision and its parent statute, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act, do not violate the First Amendment.

Appellate Information

• Argued 01/11/2007
• Decided 02/27/2007
• Published 02/27/2007

Judges

• Before:  HENDERSON, RANDOLPH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory G. Katsas, Principal Deputy Associate Attorney General, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Michael S. Raab, and Sharon Swingle, Attorneys.  Vincent M. Garvey, Attorney, entered an appearance.


• For Appellees:
  
• Julie M. Carpenter argued the cause for appellee.   With her on the brief were Martina E. Vandenberg, Laura K. Abel, and David S. Udell., Caroline M. Brown was on the brief for amici curiae Population Council, Inc., et al. in support of appellee.