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In '''''Rust v. Sullivan''''', 500 U.S. 173 (1991), the [[U.S. Supreme Court]] rejected a [[First Amendment]] challenge to regulations prohibiting entities that receive Title X grants for the operation of family-planning projects from engaging in [[abortion]] counseling or referrals. This decision was the only time newly confirmed Justice [[David Souter]] voted against abortion, and his vote provided the 5-4 margin of victory. Based on Justice Souter's position in this case, the [[liberal]] media began criticizing him, and he soon swung to the [[liberal]] side of the Court, whereupon the criticism stopped.
In '''''Rust v. Sullivan''''', 500 U.S. 173 (1991), the [[U.S. Supreme Court]] rejected a [[First Amendment]] challenge to regulations prohibiting entities that receive Title X grants for the operation of family-planning projects from engaging in [[abortion]] counseling or referrals. This decision was the only time newly confirmed Justice [[David Souter]] voted against abortion, and his vote provided the 5-4 margin of victory. Based on Justice Souter's position in this case, the [[liberal]] media began criticizing him, and he soon swung to the [[liberal]] side of the Court, whereupon the criticism stopped.
'''''Rust v. Sullivan''''' has been by more than 3000 court decisions. Future Chief Justice [[John Roberts]] successfully argued against the [[abortion]] side in this case, defeating [[liberal]] Professor [[Laurence Tribe]] who argued for the [[abortion]] side.
'''''Rust v. Sullivan''''' has been cited by more than 3000 court decisions. Future Chief Justice [[John Roberts]] successfully argued against the [[abortion]] side in this case, defeating [[liberal]] Professor [[Laurence Tribe]] who argued for the [[abortion]] side.
In '''''Rust v. Sullivan''''', the [[U.S. Supreme Court]] held that, within "broad[] limits," when "the Government appropriates public funds to establish a program," it is "entitled to define the limits of that program" and to prohibit certain speech "to ensure that the limits of the federal program are observed." ''Id.'' at 193-194.
In '''''Rust v. Sullivan''''', the [[U.S. Supreme Court]] held that, within "broad[] limits," when "the Government appropriates public funds to establish a program," it is "entitled to define the limits of that program" and to prohibit certain speech "to ensure that the limits of the federal program are observed." ''Id.'' at 193-194.
*the regulations require that Title X projects be organized so that they are "physically and financially separate" from prohibited abortion activities. ''Id.'' § 59.9. To be deemed physically and financially separate, "a Title X project must have an objective integrity and independence from prohibited activities. Mere bookkeeping separation of Title X funds from other monies is not sufficient." ''Id.'' The regulations provide a list of nonexclusive factors for the Secretary to consider in conducting a case-by-case determination of objective integrity and independence, such as the existence of separate accounting records and separate personnel, and the degree of physical separation of the project from facilities for prohibited activities. ''Id.''
*the regulations require that Title X projects be organized so that they are "physically and financially separate" from prohibited abortion activities. ''Id.'' § 59.9. To be deemed physically and financially separate, "a Title X project must have an objective integrity and independence from prohibited activities. Mere bookkeeping separation of Title X funds from other monies is not sufficient." ''Id.'' The regulations provide a list of nonexclusive factors for the Secretary to consider in conducting a case-by-case determination of objective integrity and independence, such as the existence of separate accounting records and separate personnel, and the degree of physical separation of the project from facilities for prohibited activities. ''Id.''
''Rust v. Sullivan'', 500 U.S. 173, 179-181 (1991),
''Rust v. Sullivan'', 500 U.S. 173, 179-181 (1991).
== Free speech issue ==
As explained by Judge Straub in dissent in ''All. for Open Soc'y Int'l, Inc. v. United States Agency for Int'l Dev.'', 651 F.3d 218, 249-50 (2d Cir. 2011):
{{cquote|In ''Rust'', recipients of the family planning grants argued that the regulations restricting federal funds from being used for abortion services constituted impermissible viewpoint discrimination in favor of an anti-abortion position. 500 U.S. at 192. Relying on ''Taxation With Representation'', they argued that because the government "continue[d] to fund speech ancillary to pregnancy testing in a manner that is not evenhanded with respect to views and information about abortion, it invidiously discriminates on the basis of viewpoint." ''Id.'' (internal quotation marks omitted). The Supreme Court rejected this challenge and found that Congress had not discriminated in favor of an anti-abortion position, but had "merely chosen to fund one activity to the exclusion of the other." ''Id.'' at 193. The Court reiterated that "'[t]here is a basic difference between direct state interference with a protected activity and state encouragement of an alternative activity consonant with legislative policy.'" ''Id.'' (quoting ''Maher v. Roe'', 432 U.S. 464, 475, 97 S. Ct. 2376, 53 L. Ed. 2d 484 (1977)). In other words, Rust was "not a case of the Government 'suppressing a dangerous idea,' but of a prohibition on a project grantee or its employees from engaging in activities outside of the project's scope," ''id.'' at 194. This was so even though it cannot be denied that the scope of the government-funded project in ''Rust'' necessarily limited recipients' ability to advocate a pro-abortion viewpoint within the scope of the government program.}}
[[Category:United States Supreme Court Cases]]
[[Category:United States Supreme Court Cases]]