A reader writes:
You blogged a few days ago on the amount of tax-payers’ dollars spent on this [federal employees’ day off to commemorate Reagan’s death]. I’m wondering about another potential issue with [this]. I know very little about the doctrine of government speech and it has always confused me. It seems to me that all of this pomp and circumstance is an instance of the government expressing a viewpoint about Reagan’s presidency. Certainly, the government deserves a significant amount of leeway when it comes to endorsing the current administration. But are there any First Amendment issues when the government spends so much money on such a high profile expression?
Nope — there’s an Establishment Clause that has been read as barring the government from expressing views on religion, but there’s no Establishment Clause for politics. The government can spend lots of money overtly expressing political viewpoints, for instance that racism is bad, that drug use is bad, that patriotism is good, or whatever else. It can certainly spend it on actions that implicitly express political viewpoints; for instance, there’s no trouble with the government spending billions of dollars on protecting the environment, though that naturally expresses a viewpoint about the value of the things being protected.
Some state laws bar state and local bodies from expressing their views on some topics, especially election-related ones (e.g., “vote for this candidate,” or “vote against this ballot measure”); and there are of course political constraints on such overt partisanship as well. But there are no federal constitutional constraints on the government’s expressing views on any subject other than religious ones. (Some people have proposed some very narrow exceptions, for instance as to the government’s expressing overtly racist views and the like, but I highly doubt that even those exceptions indeed exist — and in any event, they would be very narrow indeed.)
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