Compelled speech
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Compelled speech is a transmission of expression required by law. A related legal concept is protected speech. In the United States, compelled speech is governed by the First and Fifth Amendments to the Constitution. In the same way that the First Amendment 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.
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Examples of compelled speech supported by law
- Requiring a cable system to carry local stations – Turner Broadcasting v. FCC (1994))
- Mandatory university fees that support groups with which other students disagree – Board of Regents of the University of Wisconsin System v. Southworth (2000)
- Mandatory fees on agricultural products to support advertising – Johanns v. Livestock Marketing Association (2005)
- Required availability of videos and podcasts in a form accessible to sight- and hearing-impared persons
- Subpoenas to companies compelling testimony that may be self-incriminatory
- Filing a tax return
- Warnings on alcohol and tobacco products
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Examples of compelled speech not supported by law
- Saluting the flag – West Virginia State Board of Education v. Barnette (1943)
- Requiring a newspaper to publish an advertisement – Miami Herald v. Tornillo (1974)
- School attendance past the eighth grade – Wisconsin v. Yoder (1972)
- Motto on license plate – Wooley v. Maynard (1977)
- Compelled self-incrimination by an individual – Fifth Amendment (1789)
- School dress codes – Tinker v. Des Moines Independent Community School District (1969)
- Gender neutral pronouns
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