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HIV Education and the Law: A Critical Review

Published online by Cambridge University Press:  29 April 2021

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Education to induce people to stop doing things that put them at risk of acquiring HIV infection has been all but universally acknowledged as the primary means of controlling the epidemic. Yet in the United States, official education efforts have been halfhearted. A substantial share of federal prevention money has been invested in individual testing and counseling, while other forms of prevention education have been largely left to private organizations whose effective use of federal education grants has been hampered by blue-nosed content restrictions. Despite the good intentions of many individual officials, the government has never thrown its full weight behind education; on the contrary, its policies of censorship and shame have sounded sympathetically with the AIDS-phobia of leaders in the national media, who for ten years have resisted so slight a step as accepting paid condom advertising. On several occasions, crucial studies of Americans’ sexual behavior have been cancelled under conservative pressure, and only in the past two years has the government begun assessing the success of such education as has been conducted.

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Article
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Copyright © American Society of Law, Medicine and Ethics 1992

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References

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Over the years, panels compiled a record of arbitrary denials of approval. A North Carolina panel rejected a poster that showed two men holding condoms and draped in an American flag over the motto “Life, Liberty and the Pursuit of Happiness.” The CDC approved a major campaign by Black and White Men Together, including posters advertising “Hot, Horny, and Healthy Playshops.” A San Francisco review panel approved as well a poster showing black and white men sitting together. The same materials were disapproved by panels in Los Angeles and the District of Columbia. Worse than the outright denial was the chilling effect of the rules. Educators, with little time or money to waste, learned to censor themselves to avoid disapproval by review panels. Some educators, unable to reconcile the needs of effective education with the demands of the CDC, simply gave up applying for federal money altogether. GMHC II, slip op. at 44 n.39, 56–57, 59–62.Google Scholar
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See, e.g., Martinez v. School Bd., 861 F.2d 1502 (11th Cir. 1988); Doe v. Belleville Pub. School Dist., 672 F. Supp. 342 (S.D. Ill. 1987); Ray v. School Dist., 666 F. Supp. 1524 (M.D. Fla. 1987). See generally Cooper, , “AIDS Law: The Impact of AIDS On American Schools and Prisons,” 1987 Ann. Surv. Am. L. 117; Kass, , “School Children with AIDS,” in AIDS and the Law: A Guide for the Public 66 (H. Dalton, S. Burris & the Yale AIDS Law Project eds. 1987).Google Scholar
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See Pub. L. No. 102–141, 105 Stat. 834 (1992). See generally Marshall, et al., “Patients' Fear of Contracting the Acquired Immunodeficiency Syndrome from Physicians,” 150 Archives Internal Med. 1501 (1990).Google Scholar