The Volokh Conspiracy

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Volokh Conspiracy

Federalist Society Panel on Compelled Speech


I'll be on what I hope will be a very interesting panel this afternoon starting 3 pm Eastern time, at the Federalist Society Lawyer's Division conference, together with Prof. Amanda Shanor (Wharton), Prof. Mark Rienzi (Catholic University), and our moderator Judge Sandra Segal Ikuta (9th Cir.). Here is the brief summary, though of course we'll get into much more detail; hope you check it out, either live or afterwards:

When can the government require you to speak, or to host speech on your property, or to pay for speech you dislike? Three of the Court's 2018 cases—the Masterpiece Cakeshop wedding cake/same-sex wedding case, the Janus union dues case, and the National Institute of Family and Life Advocates pregnancy crisis center case—all involved this question. So do many other matters that are in the news: For instance, the controversy over whether people can be required to use particular pronouns to refer to others is in large measure a controversy about compelled speech. But the law in this area is surprisingly complicated, ambiguous, and unsettled. This panel will consider what the law is, and what the law ought to be.I