Pledges, Parades and Mandatory Payments: Creating Coherency in Compelled Expression
62 Pages Posted: 14 Aug 2017
Date Written: January 15, 1999
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled expression cases.
Keywords: Constitution, First Amendment, Free Speech, Compelled Speech, Compelled Expression
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