FAR, FREE, AWAY? THE SUPREME COURT’S DRASTIC LIMITATIONS ON THE FIRST AMENDMENT ABROAD IN AGENCY FOR INTERNATIONAL DEVELOPMENT V. ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC. II
FAR, FREE, AWAY? THE SUPREME COURT’S DRASTIC LIMITATIONS ON THE FIRST AMENDMENT ABROAD IN AGENCY FOR INTERNATIONAL DEVELOPMENT V. ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC. II
Abstract: While the First Amendment of the Constitution has strong protections within the United States, it is not always clear when these protections should apply outside of the United States. Since the 1970s, the Supreme Court has been diminishing First Amendment protections abroad, even while increasing First Amendment protections inside the United States. Most recently, in 2020, the Court held in Agency for International Development v. Alliance for Open Society International, Inc. that organizations formed outside of the United States can be compelled to adopt the US government’s ideals, even when doing so would seemingly infringe on the First Amendment rights of American organizations affiliated with those non-US organizations. This Note argues that Alliance for Open Society International was decided wrongly, as the Court should have held that compelling the speech of foreign organizations also affects the First Amendment rights of affiliated domestic organizations. Instead of making such rulings that curtail constitutional rights abroad, the Supreme Court should be building up the First Amendment overseas, protecting American interests outside of the United States.
Recommended Citation: Madison Pracht, Far, Free, Away? The Supreme Court’s Drastic Limitations on The First Amendment Abroad in Agency for International Development V. Alliance For Open Society International, Inc. II, 45 Fordham Int'l L.J. 959 (2022).