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544 U.S. ____ (2005)

SUPREME COURT OF THE UNITED STATES

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Nos. 03—1164 and 03—1165

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE EIGHTH CIRCUIT

[May 23, 2005]

Justice Kennedy, dissenting.

I join Justice Souter’s dissenting opinion, which demonstrates with persuasive analysis why the speech at issue here cannot meaningfully be considered government speech at all. I would reserve for another day the difficult First Amendment questions that would arise if the government were to target a discrete group of citizens to pay even for speech that the government does “embrace as publicly as it speaks,” post, at 11.