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First Amendment

1999

University of the Pacific

Articles 1 - 2 of 2

Full-Text Articles in Law

Is There An Obligation To Listen?, Leslie Gielow Jacobs Jan 1999

Is There An Obligation To Listen?, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs Jan 1999

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …