3 ms·
Even granting, for the sake of argument, that this is compelled speech, would that be sufficient reason to strike down the law? I ask because there are so many
by leereeves 4y ago
Even granting, for the sake of argument, that this is compelled speech, would that be sufficient reason to strike down the law?
I ask because there are so many examples of compelled speech that have not been struck down. Witnesses are required to testify. Various companies are required to print warning labels, nutrition facts, country of origin, and such on their products. Politicians are required to say "I approve this message" in advertisements. Doctors and pharmaceutical companies are required to describe side effects of medications. Police are required to give Miranda warnings. Professors at many state universities are required to add a few paragraphs of mandatory text to their syllabi, including a notice that they are mandatory reporters who are compelled to tell the government what they know about certain events.
It's so common that I wonder (despite frequent claims in these discussions) whether a prohibition against compelled speech actually exists at all.
- torstenvl 4y agoYeah this is a good point. Compelled speech is a pretty new and undeveloped doctrine with unclear boundaries. The Court tends to defer to history as a way of understanding how the framers viewed an issue so things like compelled testimony would likely be safe. My pet thought experiment is challenging the requirement to answer the census, particularly with it's much-expanded survey questions. Perhaps I can be compelled to say where I live and who lives with me, but can I be compelled to answer questions like whether any of us are gay?