To amend title 23, United States Code, to withhold certain apportionment funds from the District of Columbia unless the Mayor of the District of Columbia removes the phrase Black Lives Matter from the street symbolically designated as Black Lives Matter Plaza, redesignates such street as Liberty Plaza, and removes such phrase from each website, document, and other material under the jurisdiction of the District of Columbia.

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This bill is a direct violation of the First Amendment's protection of political speech, as it conditions federal highway funding on the District of Columbia's removal of a political message from public property and official materials. It also exceeds federal enumerated powers by using the spending power to coerce a local government into suppressing speech, and it improperly consolidates federal control over local matters.

• ✗ Concern · Enumerated powers
  The federal government's spending power under Article I, Section 8, Clause 1 is broad, but it cannot be used to achieve objectives that are themselves unconstitutional. Here, the bill uses highway funds to compel the District of Columbia to suppress political speech, which is not a legitimate exercise of the spending power. The bill does not relate to interstate commerce or any other enumerated po…
• ✗ Concern · Bill of Rights
  The bill violates the First Amendment by penalizing the District of Columbia for maintaining a political message ('Black Lives Matter') on public property and in official materials. The First Amendment protects political speech, including controversial messages, and the government cannot condition funding on the removal of such speech. This is a content-based restriction on speech, which is presum…
• ✗ Concern · Individual sovereignty
  The bill restricts the ability of the District of Columbia's residents and officials to express political views through public displays and official communications. The government has no compelling interest in suppressing a particular political message, and the burden is on the government to justify such a restriction, which it fails to do. This infringes on the collective sovereignty of the Distr…
• ✗ Concern · Decentralization
  The bill consolidates decision-making at the federal level by using federal funds to dictate local street names and official communications. The District of Columbia, as a local government, should have the authority to decide what messages appear on its streets and in its materials. The federal government has no legitimate role in this local matter, and the bill fails the decentralization test by …
• ✗ Concern · Due process and takings
  The bill imposes a penalty (withholding 50% of highway funds) without providing the District of Columbia with a fair hearing or an opportunity to contest the determination of non-compliance. This is a form of punitive action that lacks procedural due process. Additionally, the bill effectively takes property (the street name and official materials) without just compensation, as it forces the Distr…

Sources: Congress.gov: HR 1774 summary