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.
Article 10 of the European Convention on Human Rights protects the right of freedom of expression, and section 3(1) of the Human Rights Act 1998, requires that as far as possible all legislation be given effect in a way which is compatible with this. In Lee vs Ashers Baking Company Ltd, the Supreme Court considered whether a bakery in Northern Ireland had violated anti-discrimination law by refusing to decorate a cake with a message in support of gay marriage, with which the bakers disagreed on religious grounds. They held that although the bakery may have discriminated on the basis of the customer's political beliefs, which would in itself contravene the Fair Employment and Treatment (Northern Ireland) Order 1998, the legislation had to be "read down" in a way which would not violate the defendants' Article 10 rights, taken to include the right not to express a particular opinion. The right in Article 9 is a limited right because it permits restrictions on free speech that are necessary in a democratic society in pursuit of a legitimate aim, but the Supreme Court found that no such justification existed in this case. (The court also considered whether the defendants had discriminated based on sexual orientation, but because they concluded that they had not done, the court did not need to consider whether the relevant legislation should be similarly read down.)
During The Killing Time of the 1680s an Abjuration Oath could be put to suspects where they were given the option to abjure or renounce their allegiances. The terms of the oath were deliberately designed to offend the consciences of the Presbyterian Covenanters. Those who would not swear "whether they have arms, or not" could be "immediately killed" by field trial "before two witnesses" on a charge of high treason. John Brown was included among those executed in this judicial process by John Graham (Bluidy Clavers) on 1 May 1685. The wives and children of such men could also be put out of their houses if they had spoken to the suspect or refused the oath themselves. Eighteen year old Margaret Wilson and sixty-three year old Margaret McLaughlan were killed "without human hand" when they were drowned in the sea for refusing to take the Abjuration Oath.
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-impaired persons
- Subpoenas to companies compelling testimony that may be self-incriminatory
- Filing a tax return
- Warnings on alcohol and tobacco products
- Requiring public employees to sign a loyalty oath - Levering Act and the California Constitution
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)
A government of, by, and for the people also speaks on behalf of its people. The government is not required to express views held by groups in the population.
- A state may choose not to offer a license plate with a particular message – Walker v. Texas Division, Sons of Confederate Veterans (2015)
- A city may accept a donation of statue from one religious group and refuse to accept one from another – Pleasant Grove City v. Summum (2009)
- Judgment, part III
- Ibid, part IV
- Ibid, Part II.
- Wodrow, Robert (1832). The history of the sufferings of the Church of Scotland from the Restoration to the Revolution (Vol IV ed.). Glasgow: Blackie. pp. 154–155. Retrieved 16 August 2018.
- Terry, Charles Sanford (1905). John Graham of Claverhouse, viscount of Dundee, 1648-1689. London: A. Constable. p. 197. Retrieved 16 August 2018.
- McCrie, Charles Greig (1893). The Free Church of Scotland : her ancestry, her claims, and her conflicts. Edinburgh: T. & T. Clark. pp. 50–51. Retrieved 17 August 2018.
- Bader, Hans (April 24, 2017). "Obama-Era DOJ Violated Free Speech Through Burdensome Demands for Disabled Access". CNS News. Retrieved 15 September 2017.
- Frankel, Alison (April 24, 2017). "When the government can make businesses talk". Reuters. Retrieved 15 September 2017.
- Nolan, Mike (February 24, 2017). "Orland Park vehicle sticker with Blue Lives Matter symbol stirs debate". Chicago Tribune. Retrieved 15 September 2017.
- Bravin, Jess (23 June 2015). "Governors Seek to Curb Confederate Flag License Plates: Moves follow Charleston mass killing, Supreme Court ruling". Wall Street Journal. Retrieved 16 March 2019.