Revision of the SBA Opinion Molder Rule

This Comment addresses the attempts of The Small Business Administration to re-evaluate its opinion molder rule, which bans loan assistance to businesses that promulgate ideas or opinions. The author examines the justifications for and application of the rule and contends that it has serious constitutional problems, namely that it potentially impedes the protection of first amendment rights, that it is unconstitutionally vague, and that its application has resulted in an unfair restriction on some opinion-molding businesses. The author concludes by proposing an alternative policy that is consistent with the legislative intent of the Small Business Act and more responsive to the needs of the small business community