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The Government-Speech Doctrine: “Recently Minted,” But Counterfeit, Steven H. Goldberg
The Government-Speech Doctrine: “Recently Minted,” But Counterfeit, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
The foci of this Article are the ill-advised creation of a government-speech doctrine in Pleasant Grove City v. Summum, 129 S. Ct. 1125 (2009), and its potential for substantial First Amendment mischief particularly with respect to the establishment of religion. Created out of whole cloth, with no regard for precedent, and in a case that did not even raise the issue of government speech, the doctrine permits the government to speak with viewpoint about controversial cultural issues upon which the government has no constitutional right to act. Asked to find unconstitutional the refusal of a municipality to allow a Summum …