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Sullivan, [4] government-funded doctors in a government health program were not allowed to advise patients on obtaining abortions, and the doctors challenged this law on Free Speech grounds. [1] However, the Court held that because the program was government-funded, the doctors were, therefore, speaking on behalf of the government.
A government policy statement is a declaration of a government's political activities, plans and intentions relating to a concrete cause or, at the assumption of office, an entire legislative session. In certain countries they are announced by the head of government or a minister of the parliament.
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 ...
A pair of Supreme Court decisions makes it clear that the government can encourage and discourage speech without violating the 1st Amendment.
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."
A traditional public forum is where speech/expression is supported by the first amendment and when the government's ability to regulate speech is reduced like a sidewalk or state park. Whereas a designated public forum is “for use by the public as a place for expressive activity”, like social media.
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[44] [45] A common simplified definition of a republic is a government where the head of state is not a monarch. [46] [47] Montesquieu included both democracies, where all the people have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government. [48] These categories are not exclusive.