Compelled Speech and Equal Protection at a Crossroads: Is There a Legal Solution to the Conflict?
Presented During: Top Papers in Freedom of Expression
Sponsor: Freedom of Expression Division
Sat, 11/21: 2:00 PM - 3:15 PM
Room: Zoom Room 08
This paper attempts to resolve the issue by arguing for a balance between the free expression rights and public accommodation through an intermediate level of protected speech by professionals. First, the paper reviews the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Next, the paper outlines the precedents for religious freedoms and its recent turn toward using free speech doctrine to decide such cases. Finally, the paper uses a similar approach by applying a parallel to Government Speech Doctrine as a legal test for compelled speech in commercial contexts.