USAID v. AOSI Defending Free Speech for Recipients of Government Funds



January: Federal court affirms the Supreme Court, finds that the pledge violates free speech whether applied to plaintiffs foreign or domestic affiliates.


April: Oral arguments before the Supreme Court.

January: Supreme Court agrees to hear the case.


July: Government appeals decision to Supreme Court.

February: Second Circuit denies request for rehearing en banc.


September: Government requests rehearing en banc.

July: Second Circuit issues decision affirming preliminary injunction.


December: Oral argument is held at Second Circuit.

May: Government files revised brief at Second Circuit.

April: Government issues final amended regulation and guidelines.

January: Government reinstates appeal at Second Circuit.


November: Government again invites public comment on proposed guidelines.

July: Parties agree to withdrawal of government’s appeal, and its reinstatement by January 8, 2010.

June: Government notifies plaintiffs that it wants to issue a new set of revised regulations and withdraw its appeal in the interim.


December: HHS and USAID issue revised regulations related to Policy Requirment.

October: Government again appeals to Second Circuit.

August: District court extends preliminary injunction, barring enforcement of the pledge requirement, to Global Health Council, InterAction, and their members.

April: Government invites public comment on guidelines.

February: Global Health Council and InterAction join case.


November: Second Circuit remands case to district court to consider impact of guidelines and keeps preliminary injunction in place.

August: Second Circuit orders letter briefing on the impact of guidelines on the appeal.

July: HHS and USAID each issue first set of regulations related to Policy Requirement.

June: United States Court of Appeals for the Second Circuit Court hears argument on the appeal. At the argument, Government announces that it will issue guidelines clarifying pledge requirement.


August: Government appeals the ruling.

June: District court issues preliminary injunction barring enforcement of the pledge requirement against AOSI and Pathfinder International.

May: District court rules pledge requirement likely violates First Amendment rights.


December: Pathfinder International joins case.

September: Alliance for Open Society International files challenge to the pledge requirement.

June: The Government starts enforcing the pledge requirement against U.S. organizations. It had previously refrained from doing so based on an opinion by the Department of Justice’s Office of Legal Counsel that application to U.S.-based organizations would be unconstitutional.


May: President Bush signs the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act.