Barnette, recognizing that compelled speech is antithetical to free speech.
|
|
That, the plaintiffs claim, is compelled speech and thus unconstitutional.
|
|
That, the plaintiffs claimed, is compelled speech and thus unconstitutional.
|
|
And these groups sued because they said that was compelled speech.
|
|
Colorado was right to recognize their First Amendment right against compelled speech.
|
|
The demand violates Apple's First Amendment rights against compelled speech and viewpoint discrimination.
|
|
The pregnancy centers say that form of "compelled speech" violates their First Amendment rights.
|
|
Anti-abortion groups decried the notices as unconstitutional compelled speech; the court's conservatives agreed.
|
|
For example, the primary compelled speech case, West Virginia State Board of Education v.
|
|
Although the First Amendment protects government-compelled speech, the legality of warrant canaries remains legally questionable.
|
|
Finally, there is the issue of free speech — or, rather, the constitutional prohibition of compelled speech.
|
|
The Supreme Court's decision to strike down California's law vindicates the First Amendment's prohibition on compelled speech.
|
|
The first principle at stake is that of compelled speech, with which the Court has long been uncomfortable.
|
|
And to be sure, some government-compelled speech is necessary — nutrition facts and ingredients labels come to mind.
|
|
They say agency fees are a form of compelled speech, and violate workers' rights not to support unions' message.
|
|
The decision in Janus also reflected a longstanding view of the First Amendment that such fees constitute compelled speech.
|
|
To force him to give money to a group whose political ideas he disagreed with was, he claimed, compelled speech.
|
|
In stopping the enforcement of Assembly Bill 775, the high court affirmed every American's right to be free from compelled speech.
|
|
Labeling laws, like these skim milk regulations, are a form of "compelled speech" — speech that the government forces individuals to express.
|
|
"The government's request here creates an unprecedented burden on Apple and violates Apple's First Amendment rights against compelled speech," it said.
|
|
But it did not spell out how lower courts should balance concerns about discrimination, compelled speech and religious freedom in future cases.
|
|
Broad individual rights to free speech, including compelled speech, have typically been championed by liberals and opposed by conservatives during their time.
|
|
Still, there has been widespread speculation on potential arguments, including the argument that compelling a company to rewrite software counts as compelled speech.
|
|
This time, a group of public school teachers argued that the fees violated their First Amendment rights as a form of compelled speech.
|
|
A rule without that sort of pedigree - a requirement that public companies disclose their political contributions, for example - might qualify as unconstitutionally compelled speech.
|
|
The three men argued, among other things, that the signs violated their First Amendment rights against compelled speech and constituted trespassing on private property.
|
|
" She said the Supreme Court's compelled speech doctrine "forbids the commission from demanding that artists design custom expression that conveys ideas they deem objectionable.
|
|
This would prevent Duke's concerns that online platforms only "reflect only the Democrat Party line," without violating the companies' First Amendment right against compelled speech.
|
|
Compelled speech is subject to even stricter constitutional scrutiny than the fee-mandate that was struck down in Janus, because the injury is more severe.
|
|
In 2016, a lawsuit by a California teacher, Rebecca Friedrichs, against the California Teachers Association, making a similar compelled speech argument, reached the Supreme Court.
|
|
But those tend to be cases where the compelled speech is factual and carrying it does not imply any particular opinion or endorsement by the private entity.
|
|
But they contend that all of a public union's activities are political and that being made to support them is compelled speech that violates the First Amendment.
|
|
Thus, in classic "compelled speech" rulings, the Supreme Court has protected the right not to be forced to say, do or create anything expressing a message one rejects.
|
|
This is compelled speech about issues of public concern, his argument continues, because wages, conditions and all the other issues in public-sector bargaining are matters of public concern.
|
|
"This compelled speech requirement drowns out the centers' pro-life messages and discourages them from speaking through advertisements because California's voluminous required statements make ads cost prohibitive," they argue.
|
|
In two cases, conservative Christian advocates leveraged the "compelled speech doctrine" to argue that government regulations that force their clients to engage in speech against their wishes were unconstitutional.
|
|
The proposal sets the stage for a battle with the pharmaceutical industry, which said the requirement would be a form of "compelled speech" in violation of the First Amendment.
|
|
Several plaintiffs in the name-change lawsuits argue that the First Amendment protects against compelled speech: being forced to identify yourself with a name that doesn't match your identity.
|
|
Conservatives have often argued that state laws allowing these unions fees are a form of unconstitutional compelled speech, because workers are forced to subsidize an organization they do not support.
|
|
"I feel the compelled speech of forcing a teacher to take a side on this very highly controversial topic is a violation of our First Amendment rights," Kluge told WRTV.
|
|
Yet, we should consider that social media and the peer pressure it represents may affect how students experience a school's support for a protest, turning free speech into compelled speech.
|
|
You saw that in several opinions this term, this past week, whether with the compelled speech with public sector unions or crisis pregnancy centers or Masterpiece Cake Shop, for that matter.
|
|
One argument in Apple's motion is that code is a form of speech — and forced code from the government amounts to compelled speech and viewpoint discrimination in violation of the Constitution.
|
|
AFSCME, Local 31, the Supreme Court's five conservative justices ruled that fair-share fees violated the First Amendment's prohibition against compelled speech and overturned the 1977 decision that had upheld them.
|
|
Apple could argue that being required to create and provide specific computer code amounts to unlawful compelled speech, said Riana Pfefferkorn, a cryptography fellow at Stanford University's Center for Internet and Society.
|
|
During Gorsuch's second year on the Court, it took up the suit Mark Janus (an employee of the state of Illinois) filed against AFSCME for compelled speech, offering another go at the question.
|
|
Two powerful lobbies, the National Association of Broadcasters and the Pharmaceutical Research and Manufacturers of America, contend that the disclosure requirement would be a form of "compelled speech" in violation of the First Amendment.
|
|
Under the First Amendment's Free Speech Clause, compelled speech like this is just as impermissible as censored speech: the freedom to speak and to refrain from speaking are two sides of the same coin.
|
|
American Federation of State, County and Municipal Employees, accused her conservative colleagues of "weaponizing the First Amendment" when they ruled that public sector unions cannot charge nonmembers "agency fees" because it amounts to compelled speech.
|
|
Nifla's objection to the California law as government-compelled speech sounds an awful lot like the objection that doctors in South Dakota raised unsuccessfully in the lower courts to that state's extensive mandatory-counseling law.
|
|
The proposed human rights policy that made Mr. Peterson famous is now Canadian law, and no instance of "compelled speech" has occurred as a result of it or resulted in criminal charges, as Mr. Peterson feared.
|
|
If the court accepts the argument that the mandatory fees amount to compelled speech in violation of the objecting employees' First Amendment rights, public-employee unions would forfeit hundreds of millions of dollars in dues revenue.
|
|
In the same way the First Amendment protects free expression from government intervention, it similarly protects private companies from compelled speech through government mandate, absent a narrowly tailored law designed to further a compelling government interest.
|
|
On the First Amendment, Apple said that being forced to write a new set of code reflecting the government's opinion of privacy (not the company's) constitutes a violation of its rights against compelled speech and viewpoint discrimination.
|
|
Janus' only citation of Keller precedent came in a dissent in which Justice Elena Kagan said, in an aside, that the majority had not addressed "cases involving compelled speech subsidies outside of the labor sphere," including Keller.
|
|
The law may force photographers to do photo portraits for Latinos as well as whites since that doesn't yet force them to create art bearing an idea they reject, which is all the compelled-speech doctrine forbids.
|
|
The oral arguments in early December focused mainly on whether the cake store's owner would be forced by Colorado's anti-discrimination laws to engage in compelled speech if he were required to provide a cake for a same-sex wedding.
|
|
"Because a public-sector union takes many positions during collective bargaining that have powerful political and civic consequences, the compulsory fees constitute a form of compelled speech and association that imposes a significant impingement on First Amendment rights," he wrote.
|
|
In a 2011 ruling, Leon sided with tobacco companies when he blocked the implementation of a law that would have mandated the inclusion of graphic pictures and messages showing the dangers of smoking on cigarette packages, citing First Amendment rights against unconstitutionally compelled speech.
|
|
The suit, filed by the American Hospital Association (AHA), among other hospital groups, argues that the Centers for Medicare and Medicaid Services (CMS) rule violates the First Amendment by provoking compelled speech and reaches beyond the intended meaning of "standard charges" transparency in the Affordable Care Act.
|
|
In Langhorne, Pa., Grace Marion fought against both compelled speech and rampant censorship while a reporter and editor-in-chief of her high school paper The Playwickian, after school officials compelled students against their wishes to include particular information in articles and prevented the publication of a dozen articles.
|
|
Trans advocate Gillian Branstetter (formerly of the National Center for Trans Equality) told VICE on Thursday that people should think of identity documents as a form of free speech — and that being forced to carry inaccurate or mismatched documents is a kind of "compelled speech" on the behalf of the government.
|
|
" At the very least, Phillips's attorneys acknowledge that the standard they're arguing for could allow a bakery to refuse service to an interracial couple: "[A]ssuming such a cake artist objects only to the message of those wedding cakes and otherwise serves people of all races equally, the compelled-speech doctrine would apply.
|
|
The center argued that the fees violated its First Amendment right against compelled speech and urged the court to overturn precedent that held that while the unions could not mandate fees from non-members for ideological or political advocacy, it could charge for collective bargaining that goes to issues, such as wages and grievances.
|
|
"Because a public-sector union takes many positions during collective bargaining that have powerful political and civic consequences, the compulsory fees constitute a form of compelled speech and association that imposes a significant impingement on First Amendment rights," Justice Samuel A. Alito Jr. wrote for the majority in 53 in one of the cases.
|
|
" New Hawaii law forces pro-life centers to address abortion Radiologist Dr. Nicole Saphier provides insight into the bill Glessner said he believed NIFLA, which was represented in court by the Christian non-profit Alliance Defending Freedom (ADF), would win, adding that the Supreme Court "hates compelled speech, which is why I'm confident we'll get the liberals on the court.
|
|
The case has been filed in the Eastern District of Virginia and seeks a court order to change the schools' names as well as the names of their mascots, arguing that black students should not be forced to refer to themselves as "rebels" or "confederates" to participate in school activities "Forcing public school children to use Confederate names as a condition of participation forces them to engage in speech they disavow, in violation of their First Amendment right to be free of compelled speech," the NAACP wrote in court filings.
|
|
Technology manufacturers criticized a law which required them to label a product as not "DRC Conflict Free" as compelled speech, and in violation of the First Amendment.
|
|
Gorsuch joined the majority in National Institute of Family and Life Advocates v. Becerra, and Janus v. AFSCME, which both held unconstitutional certain forms of compelled speech.
|
|
With limited pushback by foreign governments and organisations, these issues have led to growing concern about self-censorship, compelled speech and a chilling effect on free speech in other countries.
|
|
Compelled speech is a transmission of expression required by law. A related legal concept is protected speech. Just as freedom of speech protects free expression, in many cases it similarly protects an individual from being required to utter or otherwise express a thought with which they disagree.
|
|
In 2019, the Law Society rejected a controversial new regulation requiring all lawyers and paralegals to abide by a statement supporting diversity and inclusion, suggesting the measure was an example of compelled speech, which drew a backlash from some lawyers and journalists and applause from others.
|
|
University of Toronto psychology professor and clinical psychologist Jordan Peterson has used the term "compelled speech" to describe Canadian federal government's Bill C-16, which added "gender identity or expression" as a prohibited ground of discrimination under the Canadian Human Rights Act. Peterson argues that the bill would allow him to be fined or imprisoned if he refused to refer to students by their preferred gender pronouns. Legal experts have challenged Peterson's interpretation; they say that the bill would not criminalize using non-"preferred pronouns". By 2018, Daniel Woolf, the vice-chancellor of Queens University stated that "compelled speech" had become a "very divisive subject within the Ontario law profession" and was the object of much tension.
|
|
In 2016 the United States Department of Agriculture rescinded regulations requiring Mexican and Canadian beef be marked as imported. Checkoff advertising does not distinguish between domestic and imported beef. Plaintiff disagrees with advertising that promotes imported beef to its detriment. It claims compelled speech in violation of the First Amendment.
|
|
The Eighth Circuit maintained that for Planned Parenthood to win on either its undue burden or compelled speech claims, it needed to demonstrate that the suicide advisory was untruthful, misleading, or not relevant to the pregnant patient's abortion decision.Planned Parenthood v. Rounds, 686 F.3d 889, 893 (8th Cir. 2012). The Eighth Circuit maintained that Planned Parenthood had failed to meet its burden of proof.
|
|
Agency for Int'l Development v. Alliance for Open Society International, 591 U.S. ___ (2020), also known as Alliance for Open Society II (to distinguish it from the 2013 case), was a United States Supreme Court case in which the Court held that compelled speech required as a condition for funding on foreign non- governmental affiliates of U.S. non-government organizations does not violate First Amendment rights.Agency for Int'l Dev. v. Alliance for Open Soc'y, .
|
|
Congress charters commodity checkoff programs compelling all producers of certain commodities to contribute to common research and advertising programs. The beef industry is covered by the Beef Promotion and Research Act (1985). Cattle producers disagreeing with the fee and represented by the Livestock Marketing Association sued the Department of Agriculture (USDA) in federal district court. The respondents alleged the government-required fee for advertising was compelled speech and violated their First Amendment right to free speech.
|
|
The Eighth Circuit panel, however, did agree with the district court and Planned Parenthood on the unconstitutionality of the suicide advisory that formed part of the medical risk disclosure. The Eighth Circuit found the suicide advisory to be compelled untruthful speech, which placed an undue burden on women's due process right to voluntary abortion and violated physicians' "First Amendment right to be free from compelled speech that is untruthful, misleading, or irrelevant."Planned Parenthood v. Rounds, 653 F.3d 662, 673 (8th Cir. 2011).
|
|
Judge Albert Diaz wrote the majority opinion, striking down South Carolina's robocall prohibitions, with unanimous concurrence. Acknowledgment was made by the court that restrictions on robocalls in Minnesota, , and federal law had been upheld by several other courts; notwithstanding, the statutes in those cases, as noted by the court, do not single out political or commercial robocalls, but prohibited all types of robocalls (with limited exceptions). The court also ruled that Cahaly lacked standing in order to challenge a provision of disclosure when making an automated call as compelled speech.
|
|
Lawsuits have attempted to eliminate commodity checkoff programs as unconstitutional under the doctrines of free speech and free association. The compelled speech arguments have been addressed by the United States Supreme Court in cases involving checkoff programs for growers of tree fruits, mushrooms, and beef, but the programs have been determined to be permitted under certain circumstances. (The free association has not been directly addressed.) Use of the slogan "The Other White Meat" ended in 2011. The board continued to pay $3 million per year to the National Pork Producers Council.
|
|
CPCs and the Pacific Justice Institute filed lawsuits challenging the constitutionality of the Reproductive FACT Act. The CPCs asserted that the law's requirements constituted compelled speech in violation of their rights to freedom of speech and free exercise of religion under the First Amendment. Among these was a lawsuit filed in the U.S. District Court for the Southern District of California by the National Institute of Family and Life Advocates (NIFLA) who represented over 100 CPCs in California. NIFLA sought a preliminary injunction to prevent the Reproductive FACT Act from coming into force on January 1, 2016, while the lawsuit continued.
|
|
CPCs and the Pacific Justice Institute filed lawsuits challenging the constitutionality of the Reproductive FACT Act. The CPCs asserted that the law's requirements constituted compelled speech in violation of their rights to freedom of speech and free exercise of religion under the First Amendment. Among these was a lawsuit filed in the U.S. District Court for the Southern District of California by the National Institute of Family and Life Advocates (NIFLA) who represented over 100 CPCs in California. NIFLA sought a preliminary injunction to prevent the Reproductive FACT Act from coming into force on January 1, 2016, while the lawsuit continued.
|
|
Turner I established that cable television companies were indeed First Amendment speakers but didn't decide whether the federal regulation of their speech infringed upon their speech rights. In Turner II the court decided that the must-carry provisions were constitutional. Under the Miami Herald v. Tornillo case, it was unconstitutional to force a newspaper to run a story the editors would not have included absent a government statute because it was compelled speech which could not pass the strict scrutiny of a compelling state interest being achieved with the least restrictive means necessary to achieve the state interest.
|
|
In 1999, he published his first book, Maps of Meaning: The Architecture of Belief, which became the basis for many of his subsequent lectures. The book combined information from psychology, mythology, religion, literature, philosophy, and neuroscience to analyze systems of belief and meaning. In 2016, Peterson released a series of YouTube videos criticizing the Act to amend the Canadian Human Rights Act and the Criminal Code (Bill C-16), passed by the Parliament of Canada to introduce "gender identity and expression" as a prohibited grounds of discrimination. He argued that the bill would make the use of certain gender pronouns into compelled speech, and related this argument to a general critique of political correctness and identity politics.
|
|
Roach's case was dismissed by the Ontario Superior Court in January 2009. Roach relaunched the case in 2012 and, on 18 June, the Ontario Superior Court permitted the case's continuance, though Roach died on 2 October of that year. In September 2013, Justice Edward Morgan dismissed the case, stating the oath is "a form of compelled speech", but a limit "on the right of expression that is justifiable in a free and democratic society" and the applicants, who he said showed a misunderstanding of the oath's purpose, would, even after taking the oath, remain "free to oppose the monarch or advocate for its abolition". He further ruled that the oath does not contravene either religious or equality rights.
|
|
Alliance for Open Society International, Inc., which ruled that the anti-prostitution pledge was compelled speech on American NGOs to mirror the government's view.. Following the 2013 decision, the government subsequently backed off the Policy Requirement for those NGOs based in the United States, but maintained the requirement for affiliates that were established in a foreign country. Several of the same NGOs on the 2013 case again filed suit on the First Amendment grounds and following the Supreme Court's decision. In both the United States District Court for the Southern District of New York and United States Court of Appeals for the Second Circuit, the courts upheld in favor of the NGOs on the basis of the Supreme Court's prior ruling.
|
|
Cities like Baltimore, Austin, and New York passed legislation to require Crisis Pregnancy Centers (CPCs) to disclose their status and that they did not offer abortion services, but organizations representing the CPCs have been successful in courts challenging these laws, principally on the argument that forcing the CPCs to post such language violated their First Amendment rights and constituted compelled speech. Whereas the previous attempts at regulating CPCs in Baltimore and other cities were based on having signage that informed the patient that the CPC did not offer abortion-related services, the FACT Act instead makes the patient aware of state-sponsored services that are available rather than what the CPCs did or did not offer. The law went into effect January 1, 2016.
|
|
Jenny Shipley was Prime Minister of New Zealand and, after leaving politics, served as a director of China Construction Bank global board for six years from 2007 to 2013, then as Chair of China Construction Bank New Zealand up until 31 March 2019. In a case of what may be compelled speech, rather than restricted speech, the former Prime Minister appeared to write an opinion piece, "We need to learn to listen to China" in the Communist Party controlled newspaper, People's Daily. It contained strong endorsements of current Chinese foreign policy, such as “The belt and road initiative (BRI) proposed by China is one of the greatest ideas we’ve ever heard globally. It is a forward-looking idea, and in my opinion, it has the potential to create the next wave of economic growth.
|
|
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 was signed into law as a means to fund private non- governmental organizations (NGO) to help fight AIDS and other diseases in foreign countries. As a condition of this funding, entities were required to also promote an anti-prostitution pledge requiring them to establish "a policy explicitly opposing prostitution and sex trafficking", a term known as the Policy Requirement. This program is overseen through the United States Agency for International Development, the United States Department of Health and Human Services and the Centers for Disease Control and Prevention. This Policy Requirement was originally challenged by NGO looking to receive the funding as early as 2005 as it was seen as compelled speech, which violated their First Amendment rights and resulted in the Supreme Court case Agency for International Development v.
|
|
By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions. In the late 1960s and early 1970s, Arkansas, Colorado, Georgia, Maryland, New Mexico, North Carolina and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed. In 2013, state Targeted Regulation of Abortion Providers (TRAP) had provisions related to organization structure, requiring them to be similar to a surgical center in structure. Cities like Baltimore, Austin, and New York passed legislation to require Crisis Pregnancy Centers (CPCs) to disclose their status and that they did not offer abortion services, but organizations representing the CPCs have been successful in courts challenging these laws, principally on the argument that forcing the CPCs to post such language violated their First Amendment rights and constituted compelled speech.
|
|
The Ninth Circuit affirmed the District Court's Summary Judgment for the VSDA by holding: #The Act is a presumptively invalid content-based restriction on speech, so it is subject to strict scrutiny and not the "variable obscenity" standard from Ginsberg v. New York.. #The Act violates rights protected by the First Amendment because the state has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exists a less- restrictive means that would further the State's expressed interest. #The Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information, but compels the carrying of the State's controversial opinion. The court first addressed the VSDA's argument that the entire Act should be invalidated based on the defendant's concession on appeal that the definition of "violent video game" in the Act is unconstitutionally broad.
|
|
The Court announced judgment on June 26, 2018 in favor of the challengers. In the 5–4 decision, split between the conservative and liberal justices, the Court ruled that both notices required by the FACT Act violated the free speech principles of the First Amendment, reversing the Ninth Circuit's decision and remanding the case there for review. Justice Clarence Thomas wrote the majority opinion, joined by Justices Roberts, Kennedy, Alito, and Gorsuch. Thomas identified that the FACT Act targeted the speaker of the language demanded by the Act rather than the speech itself, which conflicted with the First Amendment. He wrote that the FACT Act "imposes a government- scripted, speaker-based disclosure requirement that is wholly disconnected from the State’s informational interest", and because it only applied to a specific classification of facilities, it could be seen as compelled speech for those in the CPCs that disagreed with the state's stance on abortion.
|
|
As such, Alito feels he must proceed to the constitutional question. Alito begins by correlating First Amendment protection of compelled funding with compelled speech and compelled association. He reads precedent as allowing compulsory fees funding private speech only when a compelling state interest requires the comprehensive regulation of a mandatory association and the fees are necessary for the regulatory purpose.132 S. Ct. at 2289. Questioning the necessity of compulsory union fees Alito writes “acceptance of the free-rider argument as a justification for compelling nonmembers to pay a portion of union dues represents something of an anomaly—one that we have found to be justified by the interest in furthering “labor peace.”132 S. Ct. at 2290 citing Clyde Summers, Book Review, Sheldon Leader, Freedom of Association: A Study in Labor Law and Political Theory, 16 Comparative Labor L.J. 262, 268 (1995). He finds this anomaly is “a remarkable boon for unions” and that it only came about as a “historical accident”. Alito is unwilling to extend the anomaly of compelling ordinary union dues to further compelling extraordinary union fees.
|
|