The Scandalous Trademark

The First Amendment’s Free Speech Clause limits government control of private speech but does not limit government speech. Where courts draw the line as to whether a government issued document is private speech or government speech is not very clear. The decision on whether a government-issued document is government speech or private speech becomes even more difficult when there are policy considerations that weigh in favor of private speech. However, if such a government-issued document is found to be free speech, then this could invite speech found to be indecent