Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in First Amendment
Compelled Subsidies And Original Meaning, Jud Campbell
Compelled Subsidies And Original Meaning, Jud Campbell
Law Faculty Publications
The rule against compelled subsidization of speech is at the forefront of modem First Amendment disputes. Challenges to mandatory union dues, laws preventing discrimination on the basis of sexual orientation, and the federal "contraceptive mandate" have all featured variants of the anti-subsidization principle, reasoning that the government cannot compel people to support the objectionable activities of others. But the literature currently fails to evaluate modem compelled-subsidy doctrine in terms of the original meaning of the First Amendment. This Essay takes up that task.
Approaching any question of original meaning requires a willingness to encounter a constitutional world that looks very …