Administration Proposal Threatens First Amendment Rights of Government Grantees
Administration Proposal Threatens First Amendment Rights of Government Grantees
United States Congress House Committee On Gover
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V. United States, 403 U. S. 713 (1971). The 0MB would have done well to consider other cases which are perhaps more relevant to the constitutionality of the proposal at issue here. For instance, California Motor Transport Co. V. Trucking Unlimited, 404 U. S. 508, 510-511 (1972), New York Times Co. V. Sullivan, 376 U. S. 254, 270 (1964), and NAACP v. Button, 371 U. S. 415 (1963), all make clear that many of the types of political advocacy that are at issue here are protected by the First Amendme...nt. It is a well-settled axiom of constitutional law that if such rights are to be circumscribed, it must be done in a manner 175 that does so to the minimum extent possible. We suggest that this principle has been all but ignored here. Other rulings of the Supreme Court make clear that "even though a person has no right to a valuable government benefit, " such as a government contract or grant, "and, even though the government may deny him the benefit for any number of reasons, " the government, " may not deny a benefit to a person on a basis that infringes his constitutionally protected interests - especially his interest in freedom of speech.
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