In 303 Creative LLC v. Elenis, 600 U.S. ___ (2023), the Supreme Court held, in a 6-3 decision, that a website designer had a First Amendment free speech right to refuse to create wedding websites for same-sex couples. This decision reversed the 10th U.S. Circuit Court of Appeals ruling in 303 Creative LLC v. Elenis,
Compelled Speech Case Archives
The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression. Thus, the First Amendment not only limits the government from punishing a person for his speech, it also prevents the government from punishing a person for refusing to articulate, advocate, or adhere to the government’s approved messages.
The Supreme Court’s decision in West Virginia State Board of Education v. Barnette (1943) is the classic example of the compelled speech doctrine at work.
In this case, the Court ruled that a state cannot force children to stand, salute the flag, and recite the Pledge of Allegiance. The justices held that school children who are Jehovah’s Witnesses, for religious reasons, had a First Amendment right not to recite the Pledge of Allegiance or salute the U.S. flag.
In oft-cited language, Justice Robert H. Jackson asserted, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”
Read more Supreme Court cases on compelled speech:
The Supreme Court ruled 5-4 that that an Illinois law allowing government
employee unions to collect fees from non-members violates the First
Amendment. Justice Samuel Alito wrote the 2018 opinion in Janus v. American
Federation of State, County and Municipal Employees, saying the rule was a
form of compelled speech.
In Wooley v. Maynard, 430 U.S. 705 (1977), the U.S. Supreme Court reaffirmed the principle that the government cannot compel individuals to subscribe to certain beliefs. The case involved a New Hampshire law that required license plates to contain the state motto “Live Free or Die” and prohibited individuals from obscuring the mottoJehovah’s Witness fined for covering state motto