1. The rule that the government cannot condition a person’s receipt of a governmental benefit on the waiver of a constitutionally protected right (esp. a right under the First Amendment). • For example, a television station that receives public funds cannot be forced to refrain from endorsing political candidates. [Cases: Constitutional Law 82(1). C.J.S. Constitutional Law §§ 445, 447–454, 460, 471.]
2. The rule that the government cannot force a defendant to choose between two constitutionally protected rights. [Cases: Criminal Law 36. 6.] — Also termed doctrine of unconstitutional conditions.
