Infringement of Freedom of Speech: Compelled Speech, Unconstitutional Conditions, and Government Pressure

Students should be able to define unconstitutional conditions.
Students should be familiar with major precedential decisions regarding the unconstitutional conditions doctrine.
Students should recognize when the government infringes on speech by pressuring individuals or entities to refrain from First Amendment behavior.

Infringements apply First Amendment scrutiny but aren't necessarily unconstitutional. Types include:

Speech Bans: Statutes prohibiting certain speech and authorizing criminal punishments after the speech occurs (e.g., inciting illegal conduct, obscenity, false advertising).
Prior Restraints: Government orders or regulations stopping speech before it occurs (e.g., injunctions, gag orders, licensing/permit schemes requiring pre-approval).
Other Infringements: Includes civil liability in tort cases, prohibitions on compensation, compelled speech, laws conditioning a benefit on forbearing speech, and government pressure not to speak.

The government can infringe the First Amendment by compelling speech.
There is a right to be silent and refrain from speaking, just as there is a right to speak.
Unconstitutional Compelled Speech: The government cannot force individuals or organizations to promote or accommodate messages they disagree with.
A fundamental rule under the First Amendment is that a speaker has the autonomy to choose the content of their own message.

Holding and Rationale: The Court held that a California law imposing content-based regulation on speech by forcing crisis pregnancy centers to convey messages conflicting with their pro-life views was unconstitutional.
- The Court found the licensed center disclosure