Does the government-speech doctrine immunize state efforts to compel false and pejorative language on ballot initiative petitions that undermine tax reduction measures?

QUESTION PRESENTED The Colorado Legislature and the Governor of Colorado are hostile to ballot measures that would reduce state tax revenue. After several tax reduction measures nevertheless received a majority of the vote in Colorado, the Legislature enacted the “Ballot Measure Fiscal Transparency Act of 2021,” which is codified at Colo. Rev. Stats. § 1-40-106(e). This legislation targets tax-cut initiatives specifically by compelling that the ballot title “must begin” with language stating that the tax cut “will reduce funding for state expenditures that include but are not limited to” programs like health and human services programs, K-12 education, and corrections and judicial operations. The language must be included in the ballot title and printed on ballot initiative petitions circulated by Petitioners, even in cases where it is demonstrably false. This petition thus presents the following questions: 1. Does the government-speech doctrine completely immunize Colorado’s intentional efforts to undermine Petitioners’ ballot measures, by forcing them to include false and perjorative language on the petition that they circulate to voters for signatures?