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of the State } s claims as unsupported by the law or as pretextual . Notably, the Court stated that even assuming an applicable nondiscrimination law, the first reason given by the State violates the Klan's freedom of political association, summary in the Harvard Law Review explains the difficult area of law that surrounded the issues of the Cuffley opinion and asserts that the Court missed an opportunity to clarify the area. Generally, the government conditioning of public benefits on silence or conformist speech is unconstitutional. However, under the doctrine of "nonsubsldizatlon" the government may selectively subsidize expression of favored ideas and refuse to finance disfavored messages. It is often difficult to distinguish between nonsubsidization and withholding of benefits. The Law Review article argues that the Court "bent over backward to ignore" that the Adopt - - Highway program contained an element of govern ment speech in the recognition of the participant on the signs. The argument continues that the Court should have recognized the dual nature of the program as a government benefit and government speech and established a limit regarding conditions and viewpoint discrimination. Under this view, the State of Missouri could have argued that the Klan could participate in the program and pick -up litter, but the State retained control over its own speech on whether to recognize the Flan with a sign. while this is an interesting argument, it really doesn't add much regarding "welcome to Roseville" signs because there is no aspect to the program other than the sign. An argument can be made that the suns are City speech and the City has authority to control what it says. However, in light of the 'ufey decision and other law, restrictions on participation in a "Welcome to Roseville" sign program should be drawn in a content neural manner. Examples of permissible restrictions on a sponsoring organization would include requiring that it be located in the City, that it be in the City for a specific period of time or that it be tax - exempt. It should be recognized that, similar to the rental of City space, the City is required to include any group that meets the eligibility requirements. RRM: 50369 2