Following the mass protests caused by the murder of George Floyd, among other unarmed African Americans in May 2020, the removal of Confederate symbols has again captured national attention. Yet, opponents of Confederate monuments now face a major constitutional hurdle: the government speech doctrine, which holds that First Amendment restrictions, such as content discrimination, do not apply when the United States government is the speaker. Therefore, the question becomes: Do Confederate monuments occupying government land adhere to the government speech doctrine?
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