NONGOVERNMENTAL organizations that receive federal funds are closely watching a First Amendment battle in federal court in Washington over a requirement that they pledge to oppose prostitution in order to get money to combat the spread of AIDS.

A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia recently heard arguments in DKT International Inc. v. U.S. Agency for International Development, No. 06-5225. The Bush administration is appealing a district court decision last spring striking down the so-called pledge requirement as an unconstitutional condition that restricts privately funded speech outside the scope of the federal program.

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