BACK TO NACUANOTE

FN35.  The Court’s decisions “recognize a limit on Congress’ ability to place conditions on the receipt of funds.” Rumsfeld, 126 S. Ct. at 1306.  Thus, “the government may not deny a benefit to a person on a basis that infringes his constitutionally protected ... freedom of speech even if he has no entitlement to that benefit.”  United States v. American Library Assn., Inc., 539 U.S. 194, 210 (2003) (quoting Board of Comm'rs, Wabaunsee Cty. v. Umbehr, 518 U.S. 668, 674, (1996)).