Pledges, Parades and Mandatory Payments: Creating Coherency in Compelled Expression

62 Pages Posted: 14 Aug 2017

See all articles by Leslie Gielow Jacobs

Leslie Gielow Jacobs

University of the Pacific - McGeorge School of Law

Date Written: January 15, 1999

Abstract

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

Suggested Citation

Jacobs, Leslie Gielow, Pledges, Parades and Mandatory Payments: Creating Coherency in Compelled Expression (January 15, 1999). Rutgers Law Review, Vol. 52, p. 123, 1999, Pacific McGeorge School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3017588

Leslie Gielow Jacobs (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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