Such government opposition to hate speech would not pass constitutional muster following the example of other democracies, several legal scholars in the united states have urged the court to reconsider viewpoint neutrality jeremy waldron's recent book, the harm in hate speech, rejects the doctrine for allowing. Government speech creates a paradox at the heart of the first amendment to satisfy traditional first amendment tests, the government must show that it is not discriminating against a viewpoint and yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech.
The government speech doctrine, in american constitutional law, says that the government is not infringing the free speech rights of individual people when the government declines to use viewpoint neutrality in its own speech more generally, the degree to which governments have free speech rights remains unsettled,.
Government speech doctrine will affect the already unusual contours of free speech in schools10 according to the court in its 2009 decision in pleasant grove city v summum,11 and previous decisions, when the government has not set forth its viewpoint—in other words, when it is merely the neutral.
Under the supreme court's rulings, the government cannot restrict private speech in favor of one opinion or viewpoint over others—that is, it must exercise viewpoint neutrality  but it would be odd to expect the government to act in the same way toward its own speech if a particular administration had to. Viewpoint neutrality and government speech joseph blocher abstract: government speech creates a paradox at the heart of the first amendment to satisfy traditional first amendment tests, the govern- ment must show that it is not discriminating against a viewpoint and yet if the government shows that it.