Government Speech

The impression that you sell
Passes in and out like a scent
--The Fixx

Does government have freedom of speech--to voice opinions similar to individuals. As Judge Nap observes, no.

What? Don't people in government have the same free speech rights as the rest of us. Yes, and they are free to exercise them. However, they are not free to commandeer the machinery of government--local, state, or federal--to advance personal opinion.

When government speaks, it suppresses the voices of others who disagree with it. This is the very infringement that the First Amendment was written to protect. Using government as an instrument of speech makes it easier for some to speak louder than others. When this occurs, government is expressing favoritism or hatred in the marketplace for ideas.

Thus, government officials cannot rightfully weigh in on the NRA. Government buildings cannot rightfully fly confederate or LGBT flags. Government resources cannot rightfully capitalize nascent industries such as green energy.

Government is not elected to identify ideas that it loves or hates. It is elected to protect our freedom.