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Managed SpeechThe Roberts Court's First Amendment$
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Gregory P. Magarian

Print publication date: 2017

Print ISBN-13: 9780190466794

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780190466794.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 November 2020

There’s Always a Catch

There’s Always a Catch

Speech-Restrictive Conditions on Government Funding

(p.119) Chapter 5 There’s Always a Catch
Managed Speech

Gregory P. Magarian

Oxford University Press

This chapter focuses on disputes about conditions the government places on subsidies it provides for speech. The Roberts Court has issued two sharply contrasting decisions about conditional subsidies. One decision upholds a rule that government-funded universities must let the military conduct job interviews on campus. In contrast, the other decision strikes down a requirement that government-funded organizations fighting AIDS overseas must endorse the government’s opposition to sex trafficking. That decision, this chapter argues, mainly serves to mitigate the Roberts Court’s own willingness to treat certain private speech in public forums as government speech. Completing the book’s discussion of speech restrictions in government preserves, this chapter concludes that the Roberts Court’s government preserve cases overwhelmingly favor the government’s managerial authority over the interests of speakers who need government resources to convey their messages.

Keywords:   U.S. Supreme Court, Roberts Court, First Amendment, free speech, government preserves, government subsidies, unconstitutional conditions, universities, government speech

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