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WELFARE FOR LOBBYISTS OR NONPROFIT GAG RULE: CAN CONGRESS LIMIT A FEDERAL GRANT RECIPIENT'S USE OF PRIVATE FUNDS FOR POLITICAL ADVOCACY?

Timothy C. Layton

Syracuse L. Rev., Vol.47 pp.1065-1301, 1997

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  • Título:
    WELFARE FOR LOBBYISTS OR NONPROFIT GAG RULE: CAN CONGRESS LIMIT A FEDERAL GRANT RECIPIENT'S USE OF PRIVATE FUNDS FOR POLITICAL ADVOCACY?
  • Autor: Timothy C. Layton
  • Assuntos: Representatives; Appropriations; Constitutional; Sophisticated; Approximately; Restrictions; Nevertheless; Introduction; Legislation; Limitations; Administrative Law; Business & Corporate Law; Constitutional Law; Criminal Law & Procedure; Environmental Law; Governments; Public Health & Welfare Law; Real Property Law
  • É parte de: Syracuse L. Rev., Vol.47 pp.1065-1301, 1997
  • Descrição: ... Supporters contend that many recipients of the approximately $ 160 billion provided in grants annually use these funds to partake in sophisticated lobbying. ... Finally, this Note will conclude that Congress cannot limit a federal grant recipient's use of private funds for political advocacy, and that despite its widespread criticism, the unconstitutional conditions doctrine does provide a workable standard in which to analyze the constitutionality of placing government conditions on the receipt of government benefits. ... The Istook amendment, which restricts a grant recipient's use of private funds for political advocacy, is, therefore, a classic unconstitutional condition. ... In reaching this decision, the Court pointed to the fact that the "regulations do not force the Title X grantee to give up abortion-related speech; they merely require that the grantee keep such activities separate and distinct from Title X activities." ... An example of the "significant restriction" that would result by requiring nonprofits to separate their lobbying activities into an affiliate organization can be imagined within a community youth organization. ... The Istook amendment, by limiting what a grant recipient does with wholly private funds, violates one of the few established principles of the unconstitutional conditions doctrine. ... Under this framework, the government cannot limit a federal grant recipient's use of private funds for political advocacy. ...  
  • Idioma: Inglês

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