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Government Speech Doctrine Cases

  • American Council of Learned Societies v. National Endowment for the Humanities (U.S. District Court, NY, 2026)

A federal judge ruled that the mass termination of grants by the National Endowment for the Humanities that were supposedly related to “diversity, equity and inclusion” violated the free speech clause of the First Amendment because it targeted grants based on the viewpoints they expressed.  The judge used additional rationales to enjoin the government from additional

  • City of Philadelphia v. Burgum (U.S. District Court for the Eastern District of Pennsylvania, 2026)

The issue of censorship usually involves First Amendment protections for freedom of speech and press. However, as Federalists once argued, the entire Constitution was intended to protect fundamental rights through such mechanisms as the division of national powers among three distinct branches of government (separation of powers) and between local, state, and national authorities (federalism). City

  • Johanns v. Livestock Marketing Association (2005)

In Johanns v. Livestock Marketing Association (2005), the Court, using the
government speech doctrine, rejected a First Amendment challenge to a
compelled advertising program.

  • Legal Services Corp. v. Velazquez (2001)

Legal Services Corp. v Velazquez (2001) said a prohibition on using federal
funds designated for indigent legal services to challenge welfare law
violated the First Amendment.

  • National Rifle Association v. Vullo (2024)

In National Rifle Association v. Vullo, the U.S. Supreme Court unanimously ruled that the National Rifle Association (NRA) stated a plausible First Amendment claim when it alleged that Mario Vullo, the superintendent of the New York Department of Financial Services, pressured insurance companies and executives to cease dealing with the NRA or face governmental scrutiny.

  • Pleasant Grove v. Summum (2009)

Pleasant Grove v. Summum (2009) determined a city could refuse to place a
monument in a public park because it was a form of government speech immune
from First Amendment review.

  • Rust v. Sullivan (1991)

In a First Amendment case, Rust v. Sullivan (1991) upheld regulations
prohibiting doctors receiving federal funding from providing information on
abortion.

  • Shurtleff v. Boston (2022)

The Supreme Court ruled in 2022 in Shurtleff v. Boston determined that, in
this instance, flying a Christian flag on a city flagpole at the request of
a resident was a private expression, not government speech.

  • Walker v. Texas Division, Sons of Confederate Veterans (2015)

Walker v. Texas Division, Sons of Confederate Veterans (2015) said license
plates were a form of government speech and protected from First Amendment
challenges.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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