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The government speech doctrine establishes that the government may advance its speech without requiring viewpoint neutrality when the government itself is the speaker. Thus, when the state is the speaker, it may make content based choices. The simple principle has broad implications, and has led to contentious disputes within the Supreme Court. [1]
The government encouraging them to remove false speech only violates the 1st Amendment if it can be proved that the government caused, and will cause in the future, speech to be blocked.
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
In political science, the Copenhagen School adopts speech act as a form of felicitous speech act (or simply 'facilitating conditions'), whereby the speaker, often politicians or players, act in accordance to the truth but in preparation for the audience to take action in the directions of the player that are driven or incited by the act.
This is not the first legal fight over government speech Florida has seen this year. The state has also argued in federal court that book removal decisions in schools, regardless of reason, are ...
Both cases pose the question of when speech by government officials violates the First Amendment. The leading Supreme Court precedent, Bantam Books v. Sullivan, was decided in 1963.
First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought. [290] In United States v.
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...