Supreme Court of the United States

Legal Services Corporation v. Velazquez

February 28, 2001531 U.S. 533

Summary

The Court held that the condition barring federally funded legal-services attorneys from challenging existing welfare laws violates the First Amendment because it suppresses private advocacy and distorts the functioning of the legal system rather than conveying a governmental message. The Court distinguished restrictions defining the scope of a governmental-speech program and affirmed the injunction against enforcement. The Court declined to decide whether the invalid restriction was severable from the remainder of the statute. Justice Scalia, dissenting, would have upheld the funding condition and would have required the Court to resolve severability.