GOVERNMENT SPEECH Constitutional Law II Fall, 2006 Prof. Manheim Contracting with 3rd parties to convey government message Subsidizing inde-pendent speech of 3rd parties Promoting its own views through government agents How is the govern-ment speaking? Nature of the government entity True government (representative entity) Public employee Quasi-public entities (promoting private interests) Have free speech rights, but cannot compel others to fund unrelated speech Can express own point of view and can require tax-payers to fund the speech Can engage in speech on matters of public concern unless interferes with job Can discriminate among viewpoints; equal access or reply not required Can't coerce (force) private speech Can't promote religion Can limit 3d party speech within funded program to govt's preferred message Any other speech limits are subject to unconstitu-tional conditions doctrine Can decide what projects to fund based on view-point neutral criteria Viewpoint discrimination
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