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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Citation
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Connie Burton v. Tampa Housing Authority, 271 F.3d 1274 (2001)
Effective Date
2001-11-07

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Government plays many parts. When it acts in one
             of its many proprietary roles (employer, purchaser, or
             landlord, to name a few), it must be able to enforce
             reasonable and germane conditions. National
             Endowment for the Arts v. Finley, 524 U.S. 569,
             587-588, 118 S.Ct. 2168, 141 L.Ed.2d 500 (1998)
             ("[T]he Government may allocate competitive funding
             according to criteria that would be impermissible were
             direct regulation ... or a criminal penalty at stake.") A
             government employer, for example, may impose
             restraints on employee speech that would violate the First
             Amendment if imposed on an ordinary citizen. Pickering
             v. Bd. Of Educ. Of Township High School Dist. 205,
             Will County, Illinois, 391 U.S. 563, 568, 88 S.Ct. 1731,
             20 L.Ed.2d 811 (1968) (applying intermediate rather than
             strict scrutiny to dismissal of public school teacher for
             exercising First Amendment rights). Likewise, when the
             government acts to subsidize a purchase of certain