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Full-Text Articles in First Amendment
Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability To Compel And Restrict Speech, Abner S. Greene
Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability To Compel And Restrict Speech, Abner S. Greene
Faculty Scholarship
The state plays different roles, and free speech doctrine should (and sometimes does) respect these roles. We properly insist (with some categorical exceptions) that the state not regulate private speech based on subject matter or point of view. If private speakers want to praise the Nazis or condemn homosexuality, the state has no place stopping them, even if firmly convinced these ideas are wrong. Why we have such firm protection for speech we abhor is a matter of much debate. To some extent, it's because we don't trust the state to make content-based judgments consistently as a matter of principle; …
(Mis)Attribution Symposium: Government Speech, Abner S. Greene
(Mis)Attribution Symposium: Government Speech, Abner S. Greene
Faculty Scholarship
In this Essay, I evaluate three issues of attribution and misattribution that arise in the so-called area of "government speech."' First, I explore when an individual might have a constitutional claim for misattribution by the state. Second, I discuss the citizen's interest in proper attribution by the government when it is speaking. Third, I consider the government's interest in avoiding expression being improperly attributed to it. This concern arises less often than is commonly assumed; what many scholars (and governments) claim to be a state interest in avoiding attribution or endorsement is in fact a state interest in not providing …