Seeing the No-Compelled-Speech Doctrine Clearly Through the Lens of Telescope Media

25 Pages Posted: 7 Feb 2020

See all articles by Richard F. Duncan

Richard F. Duncan

University of Nebraska at Lincoln - College of Law

Date Written: January 21, 2020

Abstract

The purpose of this Article is to take a close look at what has become the leading case on the right of expressive wedding vendors to resist speech compulsions, the Eighth Circuit’s decision in Telescope Media Group v. Lucero. First, I will briefly describe the Court’s longstanding doctrine protecting persons against compelled speech requirements. I will then take a careful look at the holding and reasoning of Telescope Media. Finally, I will suggest that Judge Stras’s majority opinion in Telescope Media is very persuasive and that the arguments against applying the no-compelled-speech doctrine to commercial wedding vendors are not persuasive.

Keywords: free speech, compelled speech, religious liberty, First Amendment, wedding vendors, Judge Stras

JEL Classification: K19, K30, K42

Suggested Citation

Duncan, Richard F., Seeing the No-Compelled-Speech Doctrine Clearly Through the Lens of Telescope Media (January 21, 2020). Nebraska Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3523333 or http://dx.doi.org/10.2139/ssrn.3523333

Richard F. Duncan (Contact Author)

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

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