The government must release a 2004 U.S. Justice Department memorandum discussing the constitutionality of a federal law that conditioned HIV/AIDS prevention grants on a pledge to oppose prostitution, a federal appeals court ruled yesterday.
The U.S. Court of Appeals for the Second Circuit said an Office of Legal Counsel February 2004 legal memorandum that plaintiffs believe cast doubt on the legality of requiring the anti-prostitution pledge was “incorporated by reference” into final policy and was not exempt from disclosure under the Freedom of Information Act.
