미국의 정부표현법리에 대한 고찰

The government speech doctrine has being relatively new recognized in the United States and has sparked considerable controversy. Under the new government speech doctrine, government speech is established to oppose private-speech and it is not controlled by the freedom of speech doctrine. The Supreme Court has not recognized this government speech doctrine as a constitutional doctrine, and it was recognized through the Rust decision in 1991. Since then, the Supreme Court re-confirmed the government–speech doctrine through the Pleasant Grove City v. Summum. It was thought that the government was not restricted by the First Amendment when governments controlled their speech. However, the category of government speech is not clear and clear criteria for determining when it becomes government speech are not presented as well. Therefore, it should be reviewed what is government speech, whether government speech can be clearly distinguished from private speech and the validity of not admitting the restriction of the First Amendment on government speech. Thus, the purpose of this paper is to examine and review the significance and process of establishment of government speech doctrine. In order to achieve this goal, I would like to investigate the contents of important judgment of the Supreme Court and theoretical discussion about the government speech doctrine. Since the government speech doctrine allows the government to indirectly infringe the freedom of private-speech, careful review on whether it is recognized and appropriate constraints on the government speech doctrine should be made.