The Free Speech Case That Dared Not Speak the Name of the Establishment Clause
…cluttered and weird. This is why Pleasant Grove City was easy to decide on free speech grounds. But, as Justice Scalia wrote in a concurrence, this free speech case was “litigated in the shadow” of the Establishment Clause. In general, government is permitted to say anything it likes. But one limit on the doctrine of government speech is that the government may not prefer one religion over another. Pleasant Grove City is not permitted to put up a…
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