Cite as: 511 U. S. 661 (1994)
Opinion of O'Connor, J.
We agree that it is important to ensure not only that the substantive First Amendment standards are sound, but also that they are applied through reliable procedures. This is why we have often held some procedures—a particular allocation of the burden of proof, a particular quantum of proof, a particular type of appellate review, and so on—to be constitutionally required in proceedings that may penalize protected speech. See Freedman v. Maryland, 380 U. S. 51, 58-60 (1965) (government must bear burden of proving that speech is unprotected); Speiser v. Randall, 357 U. S. 513, 526 (1958) (same); Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767, 775-778 (1986) (libel plaintiff must bear burden of proving that speech is false); Masson v. New Yorker Magazine, Inc., 501 U. S. 496, 510 (1991) (actual malice must be proved by clear and convincing evidence); Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485, 503-511 (1984) (appellate court must make independent judgment about presence of actual malice).
These cases establish a basic First Amendment principle: Government action based on protected speech may under some circumstances violate the First Amendment even if the government actor honestly believes the speech is unprotected. And though Justice Scalia suggests that this principle be limited to licensing schemes and to "deprivation[s] of the freedom of speech specifically through the judicial process," post, at 687 (emphasis in original), we do not think the logic of the cases supports such a limitation. Speech can be chilled and punished by administrative action as much as by judicial processes; in no case have we asserted or even implied the contrary. In fact, in Speiser v. Randall, we struck down procedures, on the grounds that they were insufficiently protective of free speech, which involved both administrative and judicial components. Speiser, like this case, dealt with a government decision to deny a speaker certain benefits—in Speiser a tax exemption, in this case a government job—based on what the speaker said. Our
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