Speech by Government Employees

Sat Jan 3 09:57:17 PST 1998

<< The distinction may be a legal fiction and you may personally disagree with
it, but it exists, and is part of the framework of our discussion. If you want
to take issue with the merits of the distinction as applied to the free speech
defenses to establishment clause claims, then by all means enlighten us. >>

I am in complete agreement with the practice of dividing out the private
action of government employees and the public action of government employees.
What I disagree with is the decision to put Judge Moore's expression on one
side (the forbidden one) and to put Clerk Jones' expression (perhaps a plaque
about setting free something you love) on the other (the permitted side).

Since you have such trouble understanding it, in simple terms, what I propose
is silence from government employees >>>>or<<<< freedom for government
employees.  Short of that, I find the neat distinctions simply serve to
silence unpreferred expression.

Jim Henderson

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