Amendment 1 — Conditions On Federal Funding

prev | next

First Amendment :

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

From 1980 to 2020, much of the Court’s jurisprudence on free-speech-related unconstitutional conditions developed in the context of conditions on federal funding, specifically federal grant programs.[1](https://www.law.cornell.edu/constitution-conan/amendment-1/conditions-on-federal-funding#fn1amd1 " The Supreme Court has found unconstitutional funding conditions outside of the free-speech context as well. E.g., Nat’l Fed. of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012). See ; . ") These cases proceeded from the principle, identified in Regan v. Taxation with Representation of Washington,[2](https://www.law.cornell.edu/constitution-conan/amendment-1/conditions-on-federal-funding#fn2amd1 " 461 U.S. 540 (1983). ") that the government is not required to subsidize speech with which it does not agree.

Footnotes

1

The Supreme Court has found unconstitutional funding conditions outside of the free-speech context as well. E.g., Nat’l Fed. of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012) . See ; .

2

461 U.S. 540 (1983) .