BACK TO NACUANOTE

FN64.   Of course, there are circumstances where government can compel speech and dictate the content.  Most obviously, Government may compel government employees to speak in a particular way.   See Rust v. Sullivan, 500 U.S. 173 (1991).  Cf. Garcetti v. Ceballos, 126 S. Ct. 1951 (2006)(Speech by a government employee in the performance of their official duties is not constitutionally protected).  Similarly, government may compel private citizens or employers to speak in a particular way as a means of insuring compliance with laws passed as part of the regulation of interstate commerce or, in the case of state and local governments, the local police power.  For example, because government can prohibit all racial discrimination in employment, see 42 U.S.C. 2000e et seq., government can certainly say that advertisements for jobs do not contain racially discriminatory terms.