legal services corporation velazquez et argued october decided february legal services corporation act authorizes petitioner legal services corporation lsc distribute funds appropriated congress local grantee organizations providing free legal assistance indigent clients inter alia welfare benefits claims every annual appropriations act since congress prohibited lsc funding organization represented clients effort amend otherwise challenge existing welfare law grantees continue representation welfare matter even constitutional statutory validity challenge becomes apparent representation well way respondents lawyers employed lsc grantees together others filed suit declare inter alia restriction invalid district denied preliminary injunction second circuit invalidated restriction finding impermissible viewpoint discrimination violated first amendment held funding restriction violates first amendment pp lsc government also petitioner claim rust sullivan upheld restriction prohibiting doctors employed federally funded family planning clinics discussing abortion patients supports restriction however since explained rust counseling activities amounted governmental speech sustaining funding decisions instances government speaker see board regents univ system southworth instances like rust government uses private speakers transmit information pertaining program rosenberger rector visitors univ although government latitude ensure message delivered neither latitude rationale applies subsidies private speech every instance like rosenberger program lsc program designed facilitate private speech promote governmental message lsc attorney speaks behalf private indigent client welfare benefits claim government message delivered attorney defending benefits decision attorney advice client advocacy courts classified governmental speech even generous understanding concept vital respect suit distinguishable rust pp private nature instant speech extent lsc regulation private expression indicated circumstance government seeks control existing medium expression ways distort usual functioning cases involving limited forum though controlling provide instruction evaluating restrictions governmental subsidies program presumes private nongovernmental speech necessary substantial restriction placed upon speech providing subsidies lsc government seeks facilitate suits benefits using state federal judiciaries independent bar depend proper performance duties responsibilities restricting lsc attorneys advising clients presenting arguments analyses courts distorts legal system altering attorneys traditional role much way broadcast systems student publication networks changed limited forum cases arkansas ed television forbes rosenberger rector visitors univ supra government may design subsidy effect serious fundamental restriction advocacy attorneys functioning judiciary informed independent judiciary presumes informed independent bar however instant restriction prevents lsc attorneys advising courts serious statutory validity questions also threatens severe impairment judicial function sifting cases presenting constitutional challenges order insulate government laws judicial inquiry result restriction two tiers cases lingering doubt whether lsc attorney truncated representation resulted complete analysis case full advice client proper presentation courts public come question adequacy fairness professional representations attorney avoided reference statutory validity constitutional authority questions scheme inconsistent accepted principles insufficient basis sustain uphold restriction speech pp lsc attorneys withdraw make restriction harmless statute attempt draw lines around lsc program exclude litigation arguments theories congress finds unacceptable nature within courts province consider restriction even problematic cases attorney withdraws indigent client unlikely find counsel may alternative source vital information client constitutional statutory rights stark contrast rust patient receive governmentally subsidized counseling consultation independent affiliate organizations finally notwithstanding congress purpose confine limit program restriction insulates current welfare laws constitutional scrutiny certain legal challenges condition implicating central first amendment concerns little doubt lsc act funds constitutionally protected expression programmatic message kind recognized rust sufficed allow government specify advice deemed necessary legitimate objectives pp appeals concluded funding restriction severed statute leaving remaining portions operative determination contested exercise discretion prudential judgment declines address pp affirmed kennedy delivered opinion stevens souter ginsburg breyer joined scalia filed dissenting opinion rehnquist thomas joined legal services corporation petitioner carmen velazquez et al petitioner carmen velazquez et al writs certiorari appeals second circuit february justice kennedy delivered opinion congress enacted legal services corporation act stat et seq act establishes legal services corporation lsc district columbia nonprofit corporation lsc mission distribute funds appropriated congress eligible local grantee organizations purpose providing financial support legal assistance noncriminal proceedings matters persons financially unable afford legal assistance lsc grantees consist hundreds local organizations governed typical case local boards directors many instances grantees funded combination lsc funds public private sources grantee organizations hire supervise lawyers provide free legal assistance indigent clients year lsc appropriates funds grantees recipients hire supervise lawyers various professional activities including representation indigent clients seeking welfare benefits suit requires us decide whether one conditions imposed congress use lsc funds violates first amendment rights lsc grantees clients purposes decision restriction quoted detail prohibits legal representation funded recipients lsc moneys representation involves effort amend otherwise challenge existing welfare law interpreted lsc government restriction prevents attorney arguing state statute conflicts federal statute either state federal statute terms application violative constitution lawyers employed new york city lsc grantees together private lsc contributors lsc indigent clients various state local public officials whose governments contribute lsc grantees brought suit district southern district new york declare restriction among provisions act invalid appeals second circuit approved injunction enforcement provision impermissible discrimination violation first amendment granted certiorari parties commenced suit district respondents lsc petitioner joined government intervened district agree restriction violates first amendment affirm judgment appeals inception lsc congress placed restrictions use funds instance lsc act prohibits recipients making available lsc funds program personnel equipment political party political campaign use advocating opposing ballot measures see act proscribes use funds criminal proceedings litigation involving nontherapeutic abortions secondary school desegregation military desertion violations selective service statute ed supp iii fund recipients barred bringing suits unless express approval obtained lsc restrictions issue part compromise set restrictions enacted omnibus consolidated rescissions appropriations act act stat continued subsequent annual appropriations act relevant portion prohibits funding organization initiates legal representation participates way litigation lobbying rulemaking involving effort reform federal state welfare system except paragraph shall construed preclude recipient representing individual eligible client seeking specific relief welfare agency relief involve effort amend otherwise challenge existing law effect date initiation representation prohibitions apply activities lsc grantee including paid funds concerned statutory provision excludes lsc representation cases involve effort amend otherwise challenge existing law effect date initiation representation lsc adopted final regulations clarifying cfr pt lsc interpreted statutory provision allow indigent clients challenge welfare agency determinations benefit ineligibility interpretations existing law example lsc grantee represent welfare claimant argued agency made erroneous factual determination agency misread misapplied term contained existing welfare statute according lsc grantee position argue well agency policy violated existing law lsc interpretation however grantees accept representations designed change welfare laws much less argue constitutionality statutory validity laws brief petitioner even cases constitutional statutory challenges became apparent representation well way lsc advised attorneys must withdraw ibid instant suit filed district alleging restrictions use lsc funds violated first amendment see supp denied preliminary injunction finding probability success merits appeal appeals second circuit affirmed part reversed part relevant purposes addressed respondents challenges restrictions concluded section specified four categories prohibited activities three appear ed prohibit type activity named regardless viewpoint one might read prohibit activity seeks reform upheld restrictions litigation lobbying rulemaking involving effort reform federal state welfare system since three prohibited grantees involvement activities regardless side issue next considered exception allows representation individual eligible client seeking specific relief welfare agency invalidated impermissible viewpoint discrimination qualification representation involve effort amend otherwise challenge existing law clearly seeks discourage challenges status quo left decide part act strike invalid concluded congressional intent regarding severability unclear decided invalidate smallest possible portion statute excising proviso rather entire exception part dissenting part judge jacobs agreed majority except holding proviso banning challenges existing welfare laws effected impermissible discrimination provision view permissible merely defined scope services funded opinion concurring part dissenting part lsc filed petition certiorari challenging appeals conclusion proviso unconstitutional granted certiorari ii lsc rely rust sullivan support lsc program restrictions rust congress established program clinics provide subsidies doctors advise patients variety family planning topics congress consider abortion within family planning objectives however forbade doctors employed program discussing abortion patients recipients funds title public health service act added stat challenged act restriction provided none title funds appropriated family planning services used programs abortion method family planning recipients argued regulations constituted impermissible viewpoint discrimination favoring antiabortion position proabortion approach sphere family planning asserted well congress imposed unconstitutional condition recipients federal funds requiring relinquish right engage abortion advocacy counseling exchange subsidy upheld law reasoning congress discriminated viewpoints abortion merely chosen fund one activity exclusion restrictions considered necessary ensure limits federal program observed ibid title single particular idea suppression dangerous disfavored rather congress prohibited title doctors counseling outside scope project rust place explicit reliance rationale counseling activities doctors title amounted governmental speech interpreting holding later cases however explained rust understanding said funding decisions sustained instances government speaker see board regents univ system southworth instances like rust government used private speakers transmit information pertaining program rosenberger rector visitors univ said rosenberger hen government disburses public funds private entities convey governmental message may take legitimate appropriate steps ensure message neither garbled distorted grantee ibid latitude may exist restrictions speech government message delivered flows part observation hen government speaks instance promote policies advance particular idea end accountable electorate political process advocacy citizenry objects newly elected officials later espouse different contrary position board regents univ system southworth supra neither latitude government speech rationale applies subsidies private speech every instance however pointed follow restrictions proper government speak subsidize transmittal message favors instead expends funds encourage diversity views private speakers rosenberger supra although lsc program differs program issue rosenberger purpose encourage diversity views salient point like program rosenberger lsc program designed facilitate private speech promote governmental message congress funded lsc grantees provide attorneys represent interests indigent clients specific context suits benefits attorney speaks behalf client claim government welfare benefits lawyer government speaker attorney defending decision deny benefits deliver government message litigation lsc lawyer however speaks behalf private indigent client cf polk county dodson holding public defender act color state law works canons professional responsibility mandate exercise independent judgment behalf client assumption counsel free state control government designed program use legal profession established judiciary federal government accomplish end assisting welfare claimants determination receipt benefits advice attorney client advocacy attorney courts classified governmental speech even generous understanding concept vital respect suit distinguishable rust private nature speech involved extent lsc regulation private expression indicated circumstance government seeks use existing medium expression control class cases ways distort usual functioning government uses attempts regulate particular medium informed accepted usage determining whether particular restriction speech necessary program purposes limitations fcc league women voters instructed understanding dynamics broadcast industry holding prohibitions editorializing public radio networks impermissible restriction even though government enacted restriction control use public funds first amendment forbade government using forum unconventional way suppress speech inherent nature medium see arkansas ed television forbes dynamics broadcasting system gave station programmers right use editorial judgment exclude certain speech broadcast message effective rosenberger fact student newspapers expressed many different points view important foundation decision invalidate restrictions government creates limited forum speech certain restrictions may necessary define limits purposes program perry ed assn perry local educator see also lamb chapel center moriches union free school true government establishes subsidy specified ends rust sullivan suit involves subsidy limited forum cases perry lamb chapel rosenberger may controlling strict sense yet provide instruction program presumes private nongovernmental speech necessary substantial restriction placed upon speech oral argument briefs lsc advised us lawyers funded government program may undertake representation suits benefits must advise clients respecting questionable validity statute defines benefit eligibility payment structure limitation forecloses advice legal assistance question validity statutes constitution extends must noted state statutes inconsistent federal law supremacy clause may neither challenged questioned providing subsidies lsc government seeks facilitate suits benefits using state federal courts independent bar courts depend proper performance duties responsibilities restricting lsc attorneys advising clients presenting arguments analyses courts distorts legal system altering traditional role attorneys much way broadcast systems student publication networks changed limited forum cases cited government cases elect use broadcasting network college publication structure regime prohibits speech necessary proper functioning systems see arkansas ed television supra rosenberger supra may design subsidy effect serious fundamental restriction advocacy attorneys functioning judiciary lsc advised us furthermore upon determining question statutory validity present anticipated pending case controversy attorney must cease representation true whether validity issue becomes apparent initial consultations midst litigation proceedings disturbing example restriction discussed oral argument well understood two reasonable constructions statute yet one raises constitutional question prefer interpretation avoids constitutional issue gomez ashwander tva brandeis concurring yet lsc advised litigation judge ask lsc attorney whether constitutional concern lsc attorney simply answer tr oral arg interpretation law constitution primary mission judiciary acts within sphere authority resolve case controversy marbury madison cranch emphatically province duty judicial department say law informed independent judiciary presumes informed independent bar however cases presented lsc attorneys advise courts serious questions statutory validity disability inconsistent proposition attorneys present reasonable arguments necessary proper resolution case seeking prohibit analysis certain legal issues truncate presentation courts enactment review prohibits speech expression upon courts must depend proper exercise judicial power congress wrest law constitution source controvert principle constitution considered paramount law reduced necessity maintaining courts must close eyes constitution see law restriction imposed statute threatens severe impairment judicial function section sifts cases presenting constitutional challenges order insulate government laws judicial inquiry restriction speech legal advice stand result two tiers cases cases lsc counsel attorneys record lingering doubt whether truncated representation resulted complete analysis case full advice client proper presentation courts public come question adequacy fairness professional representations attorney either consciously comply statute unconsciously continue representation despite statute avoided reference questions statutory validity constitutional authority scheme inconsistent accepted principles insufficient basis sustain uphold restriction speech answer say restriction speech harmless lsc interpretation act attorneys withdraw misses point statute attempt draw lines around lsc program exclude litigation arguments theories congress finds unacceptable nature within province courts consider restriction speech even problematic cases attorney withdraws representation client unlikely find counsel explicit premise providing lsc attorneys necessity make available representation persons financially unable afford legal assistance often alternative source client receive vital information respecting constitutional statutory rights bearing upon claimed benefits thus respect litigation services congress funded alternative channel expression advocacy congress seeks restrict stark contrast rust patient receive approved title family planning counseling funded government later consult affiliate independent organization receive abortion counseling unlike indigent clients seek lsc representation patient rust required forfeit advice also received abortion counseling alternative channels lsc attorneys must withdraw whenever question welfare statute validity arises individual obtain joint representation constitutional challenge presented attorney permitted arguments advanced lsc counsel finally lsc government maintain necessary define scope contours federal program condition ensures funds spent cases immediate congressional concern support contention suggest challenged limitation takes account nature grantees activities provides limited congressional funds provision simple suits benefits petitioners view restriction operates neither maintain current welfare system insulate attack rather helps current welfare system function efficient fair manner removing program complex challenges existing welfare laws effect restriction however prohibit advice argumentation existing welfare laws unconstitutional unlawful congress recast condition funding mere definition program every case lest first amendment reduced simple semantic exercise notwithstanding congress purpose confine limit program restriction operates insulate current welfare laws constitutional scrutiny certain legal challenges condition implicating central first amendment concerns lawsuit funded government lsc attorney speaking behalf private client challenge existing welfare laws result arguments indigent clients welfare statute unlawful unconstitutional expressed program petitioning courts even though program created litigation involving welfare benefits even though ordinary course litigation involves expression theories postulates multiple sides issue fundamental first amendment fashioned assure unfettered interchange ideas bringing political social changes desired people new york times sullivan quoting roth little doubt lsc act funds constitutionally protected expression context statute programmatic message kind recognized rust sufficed allow government specify advice deemed necessary legitimate objectives serves distinguish title program restrictions upheld rust place beyond congressional funding condition approved past congress required fund lsc attorney represent indigent clients required fund whole range legal representations relationships lsc however effect ask us permit congress define scope litigation funds exclude certain vital theories ideas attempted restriction designed insulate government interpretation constitution judicial challenge constitution permit government confine litigants attorneys manner must vigilant congress imposes rules conditions effect insulate laws legitimate judicial challenge private speech involved even congress antecedent funding decision aimed suppression ideas thought inimical government interest regan taxation representation speiser randall reasons set forth funding condition invalid appeals considered whether language restricting lsc attorneys severed statute remaining portions remain operative reached reasoned conclusion invalidate fragment found contrary first amendment leaving balance statute operative place determination discussed briefs either party otherwise contested exercise discretion prudential judgment decline address judgment appeals affirmed legal services corporation petitioner carmen velazquez et al petitioner carmen velazquez et al writs certiorari appeals second circuit february justice scalia chief justice justice justice thomas join dissenting section omnibus consolidated rescissions appropriations act appropriations act defines scope federal spending program directly regulate speech neither establishes public forum discriminates basis viewpoint agrees yet applies novel unsupportable interpretation precedents declare facially unconstitutional holding foundation jurisprudence flatly contradicted recent decision fours present case found limitation upon spending program unconstitutional declines consider question severability allowing judgment stand lets program go forward version statute congress never enacted respectfully dissent aspects judgment legal services corporation act lsc act et federal subsidy program stated purpose provid financial support legal assistance noncriminal proceedings matters persons financially unable afford legal assistance congress recognizing program serve purpose unless kept free influence use political pressures program inception tightly regulated use funds see ante legal services corporation lsc funds may used example encouraging labor antilabor activities litigation relating desegregation elementary secondary school school system litigation seeks procure nontherapeutic abortion congress discovered experience however restrictions exhaust politically controversial uses lsc funds put accordingly congress added new restrictions lsc act strengthened existing restrictions among new restrictions one issue section appropriations act stat withholds lsc funds every entity participates way litigation lobbying rulemaking involving effort reform federal state welfare system thus bans entities participating either side litigation involving statutes participating rulemaking relating implementation legislation lobbying congress regarding proposed changes legislation see cfr restrictions relating rulemaking lobbying superfluous duplicate general prohibitions use lsc funds activities found elsewhere appropriations act see restriction litigation however unique contains proviso specifying restriction cover funding recipients may represen individual eligible client seeking specific relief welfare agency relief involve effort amend otherwise challenge existing law effect date initiation representation lsc declares brief respondents deny provisions lsc sponsor neither challenges defenses existing welfare reform law brief petitioner litigation ban symmetrical litigants challenging covered statutes regulations receive lsc funding neither litigants defending laws challenge suit benefits raises claim outside scope lsc program lawyer may participate suit explains lawyers anticipate forbidden claim arise prospective client suit may undertake representation ante likewise forbidden claim arises unexpectedly trial attorney must cease representation ante see also brief petitioner issue arises trial lawyer discontinue representation consistent applicable rules professional lawyers may however indeed must explain client represent see also free express views legality welfare law client may refer client another attorney accept representation ibid see supp edny ii lsc act federal subsidy program federal regulatory program basic difference two maher roe regulations directly restrict speech subsidies subsidies true may indirectly abridge speech funding scheme manipulated coercive hold subsidized position national endowment arts finley quoting arkansas writers project ragland scalia dissenting proving unconstitutional coercion difficult enough spending program universal coverage excludes certain speech tax exemption scheme excluding lobbying expenses found programs unconstitutional exclusion aimed suppression dangerous ideas speiser randall internal quotation marks omitted see also regan taxation representation proving requisite coercion harder still spending program universal limited providing benefits restricted number recipients see rust sullivan found selective spending unconstitutionally coercive government created public forum spending program discriminated distributing funding within forum basis viewpoint see rosenberger rector visitors univ limited spending program create public forum proving coercion virtually impossible simply denying subsidy coerce belief lyng automobile workers criterion unconstitutionality whether denial subsidy threatens drive certain ideas viewpoints marketplace national endowment arts finley supra internal quotation marks omitted absent threat government may allocate funding according criteria impermissible direct regulation speech criminal penalty stake rust sullivan supra applied principles statutory scheme relevant respects indistinguishable statute rust authorized grants provision family planning services provided one funds shall used programs abortion method family planning valid regulations implementing statute required funding recipients refer pregnant clients appropriate prenatal services furnishing list available providers promote welfare mother unborn child forbade refer pregnant woman specifically abortion provider even upon request rejected first amendment challenge funding scheme explaining government without violating constitution selectively fund program encourage certain activities believes public interest without time funding alternative program seeks deal problem another way said type discriminat ion basis viewpoint triggers strict scrutiny decision subsidize exercise fundamental right infringe right ibid quoting regan taxation representation supra true lsc act like scheme rust see per curiam government required first amendment due process clause waive filing fee welfare benefits litigation repeated claims restricts prohibits speech see ante insulates laws judicial review see ante simply baseless litigant absence lsc funding bring suit challenging existing welfare law deterred rust thus controls cases compels conclusion constitutional contends rust different program issue subsidized government speech lsc funds private speech see ante unpersuasive hardly needs response private doctors confidential advice patients issue rust constituted government speech hard imagine subsidized speech government speech moreover majority contention subsidized speech cases government speech lawyers professional obligation represent interests clients founders reality doctors rust professional obligation serve interests patients see professional responsibilities physicians overruled part grounds planned parenthood southeastern casey even respondents agree true speaker rust government doctor brief respondents asserts cases different rust welfare funding restriction seeks use existing medium expression control ways distort usual functioning ante wrong facts law wrong law utterly precedent novel facially implausible proposition first amendment anything government funding though actually abridge anyone speech distorts existing medium expression none three cases cited mentions odd principle rosenberger rector visitors univ point critical analysis part usual functioning student newspapers expres many different points view ante surely rather spending program created encourage diversity views private speakers case discussed nature television broadcasting determine whether government regulation alter usual functioning thus violate first amendment government regulation even issue case rather determine whether television public forum first amendment jurisprudence finally passage cites fcc league women voters says nothing whatever using forum public radio unconventional way suppress speech inherent nature medium ante discusses government asserted interest preventing public radio stations becoming privileged outlet political ideological opinions station owners managers internal quotation marks omitted insubstantial thus justify statute restriction editorializing even worse invalidating restriction conventional first amendment ground league women voters goes say course restriction editorializing plainly valid congress adopt revised version statute permitted public radio stations establish affiliate organizations use station facilities editorialize nonfederal funds course case regulations permit funding recipients establish affiliate organizations conduct litigation activities fall outside scope lsc program see cfr pt far supporting nondistortion analysis league women voters dooms case nondistortion principle also wrong facts since basis believing causing cases presented lsc attorneys advise courts serious questions statutory validity ante distort operation courts may well bar cause attorneys decline withdraw cases involve statutory validity means fewer statutory challenges welfare laws presented courts unavailability free legal services purpose result ensue excluding lawyers welfare litigation entirely mandated nondistortable function courts inquire serious questions statutory validity cases courts must consider questions statutory validity presented litigants government chooses subsidize presentation questions way distorts courts role remarkable studiously avoided deciding whether congress entirely eliminate federal jurisdiction certain matters see webster doe bowen michigan academy family physicians eager hold much lesser step declining subsidize litigation unconstitutional first amendment judicial opinions produced lsc cases systematically distort interpretation welfare laws judicial decisions stand binding precedent points raised argued hence analyzed see hagans lavine tucker truck lines cranch marshall statutory validity courts assume lsc cases remain open full determination later cases finally troubled cases attorney withdraws representation client unlikely find counsel ante surely irrelevant since leaves welfare recipient worse condition lsc program never enacted respondents properly concede even welfare claimants obtain lawyer anywhere else government required provide one brief respondents accord goldberg kelly government required provide counsel hearing regarding termination welfare benefits hard see providing free legal services welfare claimants whose claims challenge applicable statutes providing others beyond range legitimate legislative choice rust rejected similar argument petitioners contend however title clients effectively precluded indigency poverty seeing provider provide services even title clients worse position congress never enacted title financial constraints restrict indigent woman ability enjoy full range constitutionally protected freedom choice product governmental restrictions access abortion rather indigency internal quotation marks omitted conceivable argument made distinguishing rust even patients wished receive abortion counseling receive nonabortion services clinic offered whereas potential lsc clients wish receive representation benefits claim challenge statutes unable cases raise reform claim lsc lawyer may present difference course required ethical canons elsewhere wish distort rather sponsor truncated representation ante congress chose subsidize cases attorneys subsidized work freely see ttorneys providing legal assistance must full freedom protect best interests clients impossible see difference rust bearing upon first amendment question repeat whether funding scheme manipulated coercive hold subsidized position national endowment arts finley quoting arkansas writers project ragland scalia dissenting claimed effect client case ineligible lsc representation eliminate ineligibility waiving claim statute invalid conceivable coercive effect exists long discussion make point embarrassingly simple lsc subsidy neither prevents anyone speaking coerces anyone change speech indistinguishable relevant respects subsidy upheld rust sullivan supra legitimate basis declaring facially unconstitutional iii even accept first amendment analysis join decision conclude litigation without reaching issue severability issue although decided second circuit included within question certiorari granted points briefed argued nonetheless think abuse discretion ignore said may consider questions outside scope limited order granting certiorari resolution questions necessary proper disposition case piper aircraft reyno think necessary proper disposition statute concocted appeals bears little resemblance congress enacted funding without restriction litigation congress funded limitations although party briefed severability denver area ed telecommunications consortium fcc justices finding partial unconstitutionality considered necessary address issue plurality opinion must ask whether severable accord new york think obligation moreover exercising discretion leave severability question open fail resolve basic dispute issue whether lsc attorneys may represent welfare claimants challenge applicable welfare laws indeed leave lsc program subject even greater uncertainty one purport eliminated since circuits may conclude limitation upon welfare representation unconstitutional lsc attorneys engage welfare litigation inquiry whether statute severable essentially inquiry legislative intent minnesota mille lacs band chippewa indians congress enacted provisions within power independently courts must strike provisions piece alaska airlines brock internal quotation marks omitted one determines congress done examining perhaps said subject contained passage written chief justice shaw judicial massachusetts often quoted statute provisions mutually connected dependent conditions considerations compensations warrant belief legislature intended whole carried effect legislature pass residue independently parts unconstitutional provisions thus dependent conditional connected must fall warren mayor aldermen charlestown mass clear lsc act funding welfare benefits suits prohibition suits challenging defending validity existing law conditions considerations compensations severed congress lsc act intended provide high quality legal assistance otherwise unable afford adequate legal counsel program time kept free influence use political pressures dozen times congress made decision certain activities funded without crippling lsc program political pressures see reapportionment litigation local state federal lobbying class action lawsuits training programs inter alia boycotts picketing demonstrations litigation respect abortion severability question essentially whether without restriction today invalidates permission conducting welfare litigation accorded far appears best evidence structure statute think answer must cases stated excepting proviso found unconstitutional substantive provisions qualifies stand hold otherwise extend scope law embrace situations legislature passing statute terms expressly excluded frost corporation see also davis wallace excepting provision statute found unconstitutional courts generally hold work enlargement scope operation provisions provision enacted intended qualify restrain frankly doubt whether approach followed consistently enough called general rule ever instance appropriate strike restriction welfare benefits suits void altogether subsection prohibits involvement three types activities respect welfare reform lobbying rulemaking litigation proscriptions using lsc funds participate welfare lobbying rulemaking superfluous since described subsections withhold lsc funds activities generally unique subsection thing achieves limit litigation remove limit repeal subsection altogether thus eliminate significant quid pro quo legislative compromise authority rewrite statute give effect altogether different congress agreed railroad retirement bd alton quoted carter carter coal illuminating speculate cases decided congress enacted without proviso prescribing general ban litigation lobbying rulemaking involving effort reform federal state welfare system positions parties us reversed lawyers arguing statute permitted representation individual welfare claimants challenge existing law venture say endorse argument perhaps stirring language importance aid welfare applicants unwillingness presume without clear indication congress want eliminate little doubt context find current first amendment musings unpersuasive find today today decision quite simply inexplicable basis prior law difference rust present case former involved distortion say refusal subsidize normal work doctors latter involves distortion say refusal subsidize normal work lawyers decision displays improper special solicitude profession also displays think fondness reform courts making innumerable social judgments constitutional imperatives prompted congress restrict publicly funded litigation sort says today unprecedented indeed previously rejected interpretation first amendment allow restriction add insult injury permits stand judgment awards general litigation funding statute contain respectfully dissent footnotes together velazquez et also certiorari