Public Perceptions of Government Speech

DJ Hemel, LL Ouellette - The Supreme Court Review, 2018 - journals.uchicago.edu
The Supreme Court has stated repeatedly in recent years that the First Amendment's Free
Speech Clause “does not regulate government speech.” 1 While in most circumstances the …

Why should the First Amendment protect Government speech when the Government has nothing to say

SG Gey - Iowa L. Rev., 2009 - HeinOnline
It is an uncontroversial fact of political life that the government sometimes must communicate
with the public. For several years, however, the Supreme Court has used this …

Shining a Light on Democracy's Dark Lagoon

H Norton - SCL Rev., 2009 - HeinOnline
The Supreme Court recognizes" government speech" as a defense to First Amendment
challenges brought by private speakers who claim that the government has impermissibly …

Government Speech and Circumvention of the First Amendment

M Strasser - Hastings Const. LQ, 2016 - HeinOnline
The First Amendment severely limits the government's ability to prohibit disfavored speech,
but does not impose similar constraints on the government's ability to craft its own message …

Beyond Unconstitutional Conditions: Charting Spheres of Neutrality in Government-Funded Speech

D Cole - NYUL Rev., 1992 - HeinOnline
Nearly one hundred years ago, Oliver Wendell Holmes, the father of first amendment
jurisprudence, rejected a policeman's claim that he was unconstitutionally denied …

Four-Factor Disaster: Courts Should Abandon the Circuit Test for Distinguishing Government Speech from Private Speech

L Lim - Wash. L. Rev., 2008 - HeinOnline
A recent addition to First Amendment jurisprudence, the government-speech doctrine was
developed by the Supreme Court to insulate government speech from certain First …

The manner of Government speech

RP Bezanson - Denv. UL Rev., 2009 - HeinOnline
The government speech doctrine began inauspiciously in Rust v. Sullivan in 1991.'It has
grown metastatically since that time. It is now a largely uncontroversial rule that when the …

Ignore the Man Behind the Curtain: On the Government Speech Doctrine and What It Licenses

M Strasser - BU Pub. Int. LJ, 2011 - HeinOnline
While federal and state governments have long been communicating to various audiences
in multiple ways in a variety of contexts, the United States Supreme Court has only recently …

Public Speech in the Supreme Court Since New York Times v. Sullivan

D Meiklejohn - Syracuse L. Rev., 1975 - HeinOnline
Times Co. v. Sullivan1 and in Garrison и. Louisiana2 an interpretation of the first amendment
which focused upon the relationship between the citizen-critic and a public official. In each …

State action, government speech, and the narrowing spectrum of private, protected speech

SK Wirth - Cornell L. Rev., 2013 - HeinOnline
In First Amendment jurisprudence, the Supreme Court has employed two doctrines-state
action and government speech-to demarcate the boundaries between the public and private …