middleagedgamer
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If an entity receives federal funding, they thereby choose to forfeit a lot of their rights. For example, a government entity waives (meaning, it chooses to not use it) their sovereign immunity if they are sued in federal court for discrimination, so long as they receive federal funding (such as a public university receiving FAFSA money), according to 42 USC 2000d-7.
So, if an entity like that receives federal funding, should they also give a limited amount of first amendment rights to their beneficiaries?
Now, you'll probably think "So, a cashier at an affirmative action employer cusses out a customer; should he still get to keep his job cuz of first amendment rights?" I've accommodated for things like that by allowing any infringements to be held to intermediate scrutiny, as opposed to the strict scrutiny that government censorship is held to.
Here is the bill that I've created. Any thoughts?
So, if an entity like that receives federal funding, should they also give a limited amount of first amendment rights to their beneficiaries?
Now, you'll probably think "So, a cashier at an affirmative action employer cusses out a customer; should he still get to keep his job cuz of first amendment rights?" I've accommodated for things like that by allowing any infringements to be held to intermediate scrutiny, as opposed to the strict scrutiny that government censorship is held to.
Here is the bill that I've created. Any thoughts?
Section 1: Definitions.
For the purposes of this statute,
---(a) “Federal funding” means any financial assistance given to an entity for the purpose of supporting or advancing their business, including, but not limited to...
------(1) Pell Grants, Stafford Loans, Work Study Funds, or any other form of federal student financial aid.
------(2) Affirmative Action in employment.
------(3) The Housing Choice Voucher Program
------(4) Supplemental Nutritional Assistance Program
---(b) “recipient of federal funding” means any business entity that receives federal funding for whatever purpose, including, but not limited to...
---(1) Colleges that participating in the Free Application for Federal Student Aid Program in order to assist students in paying tuition.
------(2) Any employer that participates in affirmative action policies.
------(3) Any landlord or homeowner that participates in the Housing Choice Voucher Program.
------(4) Any grocery store or other store that accepts benefits from the Supplemental Nutritional Assistance Program.
---(c) “Government” means
------(1) any state, local, or federal government entity, or
------(2) any entity that is owned by at least a majority by any of the above.
---(d) “Beneficiary” means any entity (business or individual) that receives the benefits of any federal funding, including, but not limited to
------(1) Students at colleges that participates in the Free Application for Federal Student Aid Program.
------(2) Any employee of an employer that participates in affirmative action.
------(3) Any tenant or leaser of real estate that receives benefits in accordance with the Housing Choice Voucher Program.
------(4) Any customer of a store who is using, or intending to use, benefits from the Supplemental Nutritional Assistance Program.
Section 2: General first amendment rights in private sector.
---(a) With the exceptions outlined below, any privately-owned recipient of federal funding for whatever purpose must give the beneficiaries shall give the beneficiaries of said funding the same rights under the First Amendment of the Constitution that the government is required to provide.
---(b) A private entity may still infringe on first amendment rights if their rule could pass intermediate scrutiny, had that rule been passed by a government within the United States.
---(c) Nothing in this section shall give governments the right to have any infringement of first amendment rights held to intermediate scrutiny, if such violations would otherwise be held to strict scrutiny. This entire section applies only to the private sector.