SCOTUS routinely holds that the US First Amendment also protects against government-compelled speech. The main case law in this regard deals with a Florida statute that required newspapers to publish a politician's reply to critical articles.
It's not clear to me if this would also extend to a court order requiring someone to publish something, but I think there's going to be some squeamishness as to whether that's a remedy a court can provide. (Obviously, an out-of-court settlement could provide for that).
The way US courts compel speech without actually compelling speech is: They offer you two choices, either you go to prison for a weirdly long time, or you "choose" to do <performative thing that won't really reform you but the judge can use in a campaign ad to say they are tuff on crime>
That's how those weird judges are able to "make" young kids stand on a street corner wearing a "I did a crime" placard.
Comments
SCOTUS routinely holds that the US First Amendment also protects against government-compelled speech. The main case law in this regard deals with a Florida statute that required newspapers to publish a politician's reply to critical articles.
It's not clear to me if this would also extend to a court order requiring someone to publish something, but I think there's going to be some squeamishness as to whether that's a remedy a court can provide. (Obviously, an out-of-court settlement could provide for that).
The way US courts compel speech without actually compelling speech is: They offer you two choices, either you go to prison for a weirdly long time, or you "choose" to do <performative thing that won't really reform you but the judge can use in a campaign ad to say they are tuff on crime>
That's how those weird judges are able to "make" young kids stand on a street corner wearing a "I did a crime" placard.
Judges don’t run campaign ads