The expansion of the concept of speech to include everything from donating money to wearing a shirt to burning a flag is weakening enforcement of the First Amendment. If everything is speech, nothing is speech.
While the unsigned UI memo may be correct according to state law, it begs the question about the impact on federal law in the state. It also brings to mind the quote from President George Washington: “If freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”