Compelled speech

During [[The Killing Time]] of the 1680s, an Abjuration Oath could be put to suspects where they were given the option to [[Abjuration|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.<ref>{{cite book |last1=Wodrow |first1=Robert |title=The history of the sufferings of the Church of Scotland from the Restoration to the Revolution |date=1832 |publisher=Blackie |location=Glasgow |pages=154–155 |edition=Vol IV |url=https://archive.org/stream/thehistoryofthes04wodruoft#page/n163/search/refusing+to+answer |accessdate=16 August 2018}}</ref> [[John Brown (Covenanter)|John Brown]] was included among those executed in this judicial process by [[John Graham, 1st Viscount Dundee]] (Bluidy Clavers) on 1 May 1685.<ref>{{cite book |last1=Terry |first1=Charles Sanford |title=John Graham of Claverhouse, viscount of Dundee, 1648-1689 |date=1905 |publisher=A. Constable |location=London |page=197 |url=https://archive.org/stream/johngrahamofclav00terruoft#page/196/search/abjuration |accessdate=16 August 2018}}</ref> 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. 18-year-old [[Margaret Wilson (Scottish martyr)|Margaret Wilson]] and 63-year-old [[Wigtown Martyrs|Margaret McLaughlan]] were killed "without human hand" when they were drowned in the sea for refusing to take the Abjuration Oath.<ref>{{cite book |last1=McCrie |first1=Charles Greig |title=The Free Church of Scotland: Her Ancestry, Her Claims, and Her Conflicts |date=1893 |publisher=T. & T. Clark |location=Edinburgh |pages=50–51 |url=https://archive.org/stream/freechurchofscot00mccr#page/50/search/%22oath+of+%22 |accessdate=17 August 2018}}</ref>

During [[The Killing Time]] of the 1680s, an Abjuration Oath could be put to suspects where they were given the option to [[Abjuration|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.<ref>{{cite book |last1=Wodrow |first1=Robert |title=The history of the sufferings of the Church of Scotland from the Restoration to the Revolution |date=1832 |publisher=Blackie |location=Glasgow |pages=154–155 |edition=Vol IV |url=https://archive.org/stream/thehistoryofthes04wodruoft#page/n163/search/refusing+to+answer |accessdate=16 August 2018}}</ref> [[John Brown (Covenanter)|John Brown]] was included among those executed in this judicial process by [[John Graham, 1st Viscount Dundee]] (Bluidy Clavers) on 1 May 1685.<ref>{{cite book |last1=Terry |first1=Charles Sanford |title=John Graham of Claverhouse, viscount of Dundee, 1648-1689 |date=1905 |publisher=A. Constable |location=London |page=197 |url=https://archive.org/stream/johngrahamofclav00terruoft#page/196/search/abjuration |accessdate=16 August 2018}}</ref> 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. 18-year-old [[Margaret Wilson (Scottish martyr)|Margaret Wilson]] and 63-year-old [[Wigtown Martyrs|Margaret McLaughlan]] were killed "without human hand" when they were drowned in the sea for refusing to take the Abjuration Oath.<ref>{{cite book |last1=McCrie |first1=Charles Greig |title=The Free Church of Scotland: Her Ancestry, Her Claims, and Her Conflicts |date=1893 |publisher=T. & T. Clark |location=Edinburgh |pages=50–51 |url=https://archive.org/stream/freechurchofscot00mccr#page/50/search/%22oath+of+%22 |accessdate=17 August 2018}}</ref>

==United States==

=United States==

===Examples currently in litigation===

===Examples of compelled speech supported by law===

* Compelling [[Amazon (company)|Amazon's]] [[Whole Foods Market|Whole Foods]] to, per Amazon's filing, "favor certain expressions of political speech over others in its retail grocery stores."<ref>{{Cite web|title=Whole Foods says its First Amendment rights will be violated if it's forced to allow employees to wear Black Lives Matter insignia|url=https://www.msn.com/en-in/news/other/whole-foods-says-its-first-amendment-rights-will-be-violated-if-its-forced-to-allow-employees-to-wear-black-lives-matter-insignia-report-says/ar-AASCVLZ|access-date=2022-01-13|website=www.msn.com}}</ref>

===Examples supported by law===

* Requiring a cable system to carry local stations – ''[[Turner Broadcasting v. FCC]]'' (1994)

* 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 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)

* Mandatory fees on agricultural products to support advertising – ''[[Johanns v. Livestock Marketing Association]]'' (2005)

* Subpoenas to companies compelling testimony that may be self-incriminatory<ref name="r170424">{{cite news|last1=Frankel|first1=Alison|title=When the government can make businesses talk|url=https://www.reuters.com/article/us-otc-speech/when-the-government-can-make-businesses-talk-idUSKBN17Q262|accessdate=15 September 2017|publisher=Reuters|date=April 24, 2017}}</ref>

* Subpoenas to companies compelling testimony that may be self-incriminatory<ref name="r170424">{{cite news|last1=Frankel|first1=Alison|title=When the government can make businesses talk|url=https://www.reuters.com/article/world/when-the-government-can-make-businesses-talk-idUSKBN17Q261/|accessdate=14 July 2025|publisher=Reuters|date=April 24, 2017}}</ref>

* Filing a tax return<ref name="r170424"/>

* Filing a tax return<ref name="r170424"/>

* Consumer safety warnings, such as cellphone radiation disclosures and the [[Surgeon General of the United States

* Surgeon General's warnings on [[Alcohol packaging warning messages|alcohol]] and [[Tobacco packaging warning messages|tobacco products]]<ref name="r170424" />

|Surgeon General's warning]] on [[Alcohol packaging warning messages|alcohol]] and [[Tobacco packaging warning messages|tobacco products]]<ref name="r170424" />

===Examples not supported by law===

===Examples of compelled speech rejected as illegal===

* Compelled self-incriminating testimony by an individual – [[Fifth Amendment to the United States Constitution|Fifth Amendment]] (1789)

* Saluting the flag or reciting the Pledge of Allegiance – ''[[West Virginia State Board of Education v. Barnette]]'' (1943)

* Mandating saluting the flag or reciting the Pledge of Allegiance – ''[[West Virginia State Board of Education v. Barnette]]'' (1943)

* Compulsory school attendance past the eighth grade – ''[[Wisconsin v. Yoder]]'' (1972)

* Requiring a newspaper to publish an advertisement – [[Miami Herald Publishing Co. v. Tornillo|''Miami Herald v. Tornillo'']] (1974)

* Requiring a newspaper to publish an advertisement – [[Miami Herald Publishing Co. v. Tornillo|''Miami Herald v. Tornillo'']] (1974)

* School attendance past the eighth grade – ''[[Wisconsin v. Yoder]]'' (1972)

* Preventing motorists from covering a state motto on a license plate – ''[[Wooley v. Maynard]]'' (1977)

* Requiring organizations to publish opposing viewpoints to their own "[[Pacific Gas & Electric Co. v. Public Utilities Commission]]" (1986)

* Motto on license plate – ''[[Wooley v. Maynard]]'' (1977)<ref>{{cite news|last1=Nolan|first1=Mike|title=Orland Park vehicle sticker with Blue Lives Matter symbol stirs debate|url=http://www.chicagotribune.com/suburbs/daily-southtown/news/ct-sta-orland-park-sticker-st-0226-20170224-story.html|accessdate=15 September 2017|publisher=Chicago Tribune|date=February 24, 2017}}</ref>

* Requiring [[crisis pregnancy centers]] to post state disclosures about alternative services - ''[[National Institute of Family and Life Advocates v. Becerra]]'' (2018)<ref name="Pomeranz">{{cite journal |last1=Pomeranz |first1=J. L. |title=Abortion Disclosure Laws and the First Amendment: The Broader Public Health Implications of the Supreme Court's Becerra Decision. |journal=Am J Public Health |volume=109 |issue=3 |date=March 2019 |pages=412–418 |doi=10.2105/AJPH.2018.304871 |pmid=30676798 |pmc=6366505 }}</ref>

* Compelled self-incrimination by an individual – [[Fifth Amendment to the United States Constitution|Fifth Amendment]] (1789)

* Compelling an employer to allow its employees to display political messages (2022 [[Whole Foods]] [[National Labor Relations Board|NLRB]] case) <ref>{{Cite web|title=Whole Foods beats NLRB case over ban on Black Lives Matter apparel|url=https://www.reuters.com/legal/government/whole-foods-beats-nlrb-case-over-ban-black-lives-matter-apparel-2023-12-21/|access-date=2025-07-14|website=www.reuters.com}}</ref>

* Certain disclosures by organizations that offer limited services to pregnant women - ''[[National Institute of Family and Life Advocates v. Becerra]]'' (2018)<ref name="Pomeranz">{{cite journal |last1=Pomeranz |first1=J. L. |title=Abortion Disclosure Laws and the First Amendment: The Broader Public Health Implications of the Supreme Court's Becerra Decision. |journal=Am J Public Health |volume=109 |issue=3 |date=March 2019 |pages=412–418 |doi=10.2105/AJPH.2018.304871 |pmid=30676798 |pmc=6366505 }}</ref>

===Government speech===

===Government speech===

{{main article|Government speech}}

{{main article|Government speech}}

* 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)

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)<ref name="wsj150623">{{cite news

* A state may choose not to offer a license plate with a particular message – ''[[Walker v. Texas Division, Sons of Confederate Veterans]]'' (2015)<ref name="wsj150623">{{cite news

| first = Jess | last = Bravin | authorlink = Jess Bravin | url = https://www.wsj.com/articles/virginia-moves-to-banish-confederate-flag-from-license-plates-1435071533 | title = Governors Seek to Curb Confederate Flag License Plates: Moves follow Charleston mass killing, Supreme Court ruling | publisher = Wall Street Journal | date = 23 June 2015 | accessdate = 16 March 2019}}</ref>

| first = Jess | last = Bravin | authorlink = Jess Bravin | url = https://www.wsj.com/articles/virginia-moves-to-banish-confederate-flag-from-license-plates-1435071533 | title = Governors Seek to Curb Confederate Flag License Plates: Moves follow Charleston mass killing, Supreme Court ruling | publisher = Wall Street Journal | date = 23 June 2015 | accessdate = 16 March 2019}}</ref>

* 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)

==References==

==References==