Infringement of Freedom of Speech Flashcards
Compelled Speech
A person has a right to speak freely and the right to refrain from speaking at all. If a government will compel speech, it must be for a compelling government interest.
Anonymous Speech:
Unconstitutional to create laws prohibiting the distribution of anonymous campaign literature.
Compelled Speech 1st case:
- West Virginia v. Barnette: Yes! This is compelled speech
(a) Held unconstitutional a state law requiring school children to recite the Pledge of Allegiance and to salute the flag.
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Compelled Speech 4th Case:
- Rumsfeld v. FAIR Case: No! This is not compelled speech
(a) An agreement providing that educational institutions denying military recruiters will lose federal funds is constitutional because nothing about recruiting suggests that the institutions agree with any speech of the recruiters.
Compensated Speech and its cases
The government cannot deny compensation for speech
- Simon v. Member of NY State Crime Victims Board Case:
(a)state law unconstitutional for preventing an accused or convicted criminal from profiting from selling the story of his or her crime to any media.
(b) Statute is inconsistent with the 1st amendment if it imposes a financial burden on speakers because of the content of their speech.
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Unconstitutional Conditions
- Government cannot condition a benefit on the requirement that a person forgo a constitutional right or a benefit that is available to everyone else.
- Can’t make someone swear allegiance.
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Receipt of Benefits (Unconstitutional )
- Speiser v. Randall:
(a) Veterans can not be forced to swear loyalty as a condition of receiving property-tax exemption.
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Funding of Programs (Constitutional)
Rust v. Sullivan:
(a) Court declared a federal planning program that prohibits funding related to abortion constitutional because the government has not discriminated on the basis of viewpoint; it only chose to fund 1 activity instead of the other.
