Explain briefly the decision and reasoning of two Supreme Court rulings that establish but limit the control of government over government employee speech.

Question

What will be an ideal response?

Answer 1

An excellent answer would discuss some or all of the following:
a. The First Amendment is silent on the question.
b. The free speech clause does not apply to government speech (Pleasant Grove v. Summum).
c. Government cannot (practically, physically, financially, or theoretically) support the speech of an unlimited number of people (Pleasant Grove v. Summum).
d. The government has a right to control the content of its own speech (image, imprimatur, etc.). Without this right, the government could not run and regulate effectively because its messages could always be diluted and subverted.
e. The government’s control of its speech must be balanced against the employee’s right of free speech (Borough of Duryea v. Guarnieri).
f. When and to the degree that employee speech represents the government and is directly related to government programs, it may be regulated to advance legitimate government interests (Garcetti v. Ceballos).
g. Individual government employees enjoy freedom of speech when that speech neither represents government nor undermines the ability of government to operate its programs effectively.