Compelled Speech
Government-mandated expression — being required to say or not say something — which raises serious First Amendment concerns.
The First Amendment protects not only the right to speak but also the right not to speak — the right to refuse to be compelled to express a message you oppose. Compelled speech doctrine is grounded in Wooley v. Maynard (1977), in which the Supreme Court held that New Hampshire could not require residents to display the state motto 'Live Free or Die' on their license plates.
Key compelled speech cases: - West Virginia v. Barnette (1943): Students cannot be compelled to salute the flag or recite the Pledge of Allegiance - Wooley v. Maynard (1977): Government cannot compel display of ideological messages - Hurley v. Irish-American Gay Group (1995): Parade organizers cannot be compelled to include marchers with messages they oppose - Janus v. AFSCME (2018): Public employees cannot be compelled to pay union agency fees for political speech - 303 Creative v. Elenis (2023): Web designers cannot be compelled to create expressive content for events they oppose
The tension between compelled speech doctrine and anti-discrimination laws — which may require service providers to serve all customers equally — is one of the most actively litigated areas of current First Amendment law.