What is Wrong with Compelled Speech?

19 Pages Posted: 15 Oct 2014

Date Written: October 13, 2014

Abstract

In late August 2013, the New Mexico Supreme Court filed its opinion in Elane Photography, LLC v. Willock, a case which raises fundamental issues in the law of compelled speech, including corporate rights, media boundaries, autonomy and conscience, and the role that the nature of speech, the character of the discourse, the perception of endorsement, and the nature of the participation should play in resolving compelled speech issues. In this essay, I want to reflect on these and other issues presented by the case.

Keywords: Free speech, compelled speech, first amendment, photography, media, corporate rights

Suggested Citation

Shiffrin, Steven H., What is Wrong with Compelled Speech? (October 13, 2014). Journal of Law and Politics, Forthcoming, Cornell Legal Studies Research Paper No. 14-30, Available at SSRN: https://ssrn.com/abstract=2509500

Steven H. Shiffrin (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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