Compelling Speech or Enforcing Silence: the First
Amendment and the Limits of Governmental Power
Cravath Swaine & Moore
LLP, Worldwide Plaza, 825 Eighth Avenue, New York, NY 10019
at 05:30 pm on
Wednesday, February 24, 2016
This program will explore the limitations under the First
Amendment on the Government's power to either compel a person to
speak, or to force a person to remain silent, in varying contexts.
We will look at three different scenarios, one involving a public
employee union and the First Amendment limitations on compulsory
agency fees; a second looking at the Government's power to require
doctors to discuss certain topics with their patients in the
abortion context, or to refrain from discussing other topics (guns)
with their patients; and the third, looking at commercial speech.
In each case, we will present the facts, raise some questions, and
ask the Inn members how they would decide the controversies. To aid
you in doing that, the program will begin with a short overview of
the relevant case law. See you at Cravath on February
24th.
Program Materials:
Articles about
Friedrichs case
Cases and
Materials Involving Speech by Abortion Providers
Woman's
Right to Know Act Brochure
Organizations
Endorsing the Provision of Information on Firearm Safety by
Physicians
"Docs
v. Glocks" Decision
Pacific Gas
and Electric v. Public Utilities Commission of
California, 106 S.Ct. 903 (1986)
Wooley v.
Maynard, 97 S.Ct. 1428 (1977)
Compelled Commercial Speech as Compelled Consent
Speech, 29 J.L. & Pol. 517 (Summer
2014)
Compelled
Commercial Speech, 117 W. Va. L. Rev.
(Spring 2015)
Resolving the Compelled-Commercial Speech
Conundrum, 19 Va. J. Soc. Pol'y & L. 205
(Winter 2011)
Inn
Program Slides