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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]
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."
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 ...
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.
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.
Gov. J.B. Pritzker signed Senate Bill 3649, the Worker Freedom of Speech Act, into law on July 31. The law is scheduled to take effect on Jan. 1, 2025. ... unless the government can come up with a ...
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.
In oral arguments on two crucial First Amendment cases, the Supreme Court appeared sensitive to the importance of government being able to express views to private parties and persuade them to act ...