Compelled Speech

Question 1

West Virginia State Board of Education v. Barnette (1943)

Answer 1

Compelled Speech is Prohibited, School cannot require teachers and students to salute flag or pledge allegiance. Patriotism and national unity can be fostered in other ways.

Question 2

Wooley v. Maynard (1977)

Answer 2

License Plates Case, Compelled Speech of the state’s motto (idealogical message) on private property is prohibited. Rehnquist Dissent: Everyone knows this is government speech.

Question 3

National Institute of Family and Life Advocates v. Becerra (2018)

Answer 3

Compelled Speech, Commercial Speech? Conduct? Facially Invalid, Requiring pro-life centers to notify/refer women about abortion services compels a certain content-based message. Commercial speech and professional conduct don’t apply because this imposes a government-scripted, speaker-based disclosure requirement. Doesn’t survive even intermediate scrutiny. Breyer Dissent: Every disclosure law requires a certain message.