FRATERNAL ORDER OF POLICE, et al. vs. MONTGOMERY COUNTY, MARYLAND, et al.
Court of Appeals, Wilner, Filed Feb. 23, 2016,
Government Speech – Where not prohibited by state/federal law, a charter county government is allowed to use resources to urge support of “a ballot measure that may have a significant impact on the operations of the county government”
Government Speech – Citizens may challenge compelled support of private speech “but have no First Amendment right not to fund government speech…” citing USSC in Johanns
Government Speech – Allowed – The right of government to express its views on matters relating to its legitimate operations and to authorized programs, even in the context of supporting or opposing ballot measures or pending legislation, has been recognized as an adjunct to its legitimate operations or programs
Government Speech – Limitation – An attempt by the county to use public funds or public employees to support or oppose (1) any partisan political cause, such as the election of particular candidates for office, or
(2) a politically-tainted ballot measure expressing disputed principles of social policy that would neither hamper nor enhance the operations or programs of the county government in any material way. That kind of advocacy, we agree, is not a proper function of government and is not within the permissible ambit of government speech.
Local Government Speech – “There is no express prohibition of” local governments use of public funds to advocate for or against ballot measures or pending legislation in Maryland.