Can the government require an individual or business to say something?

[Stormy Daniels]

There are special cases where government obviously can (and traditionally has) implemented forms of required speech. If you're called to testify in a court proceeding, you're obligated to answer questions and to answer truthfully at that. Food manufacturers are obligated to state a list of ingredients and certain nutrition information on the packaging of their goods. A public facility may be required to have highly visible exit signs in case of emergency.

Setting aside those special scenarios, which do not make good examples for general application, can the government obligate a person or business to engage in speech that it sees fit to obligate? Can an individual be obligated to say the pledge of allegiance? Can a business be required to display signage with supportive messages for same sex couples? Can a newspaper be forced to print a letter to the editor praising Joe Biden that the paper didn't want to print? Can a publishing house be required to prohibited from printing books that express political views that make the company uncomfortable?

 

[Uncensored2008]

The 5th (not first) Amendment protects people from being compelled to testify.

 

[Stormy Daniels]

The 5th (not first) Amendment protects people from being compelled to testify.

...against themselves. Doesn't mean you can't be called as a witness in a case where you're not an interested party.

 

[Uncensored2008]

...against themselves. Doesn't mean you can't be called as a witness in a case where you're not an interested party.

It's a lot broader than that.

May the Court Force Me to Testify? - FindLaw

As a general rule, a court can force you to testify after sending you a subpoena informing you what testimony they need.

www.findlaw.com

There are enough provisions that no one can truly be compelled to testify.

 

[Stormy Daniels]

It's a lot broader than that.

May the Court Force Me to Testify? - FindLaw

As a general rule, a court can force you to testify after sending you a subpoena informing you what testimony they need.

www.findlaw.com

There are enough provisions that no one can truly be compelled to testify.

Okay, sure. Whatever. Now back to the topic. Thank you for voting in the poll.

 

[Uncensored2008]

Okay, sure. Whatever. Now back to the topic. Thank you for voting in the poll.

Are you unaware of your own topic?

• The testimony includes self incriminating evidence: The constitution gives you the right to avoid giving self-incriminating evidence under the Fifth Amendment of the Constitution. A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment.
• The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.
• The witness is married to someone involved in the case: Communication between two spouses is considered privileged by courts. This means that in most cases, you can't be forced to testify against your spouse in court.
• The witness is one party's attorney, psychotherapist, or priest: These professions require their clients to tell them everything without fear of the consequences. The court therefore gives these relationships special protection, and in most cases, communication between the two is privileged.
• The witness is not competent to testify: Some witnesses are not able to testify because their age or illness affects their ability to recall events and truthfully explain them to a jury. However, this is a very difficult threshold to meet. For example, many courts will allow a young child to testify even though children may not be the most reliable witnesses. The jury is then free to consider the witness's age when deciding whether or not to rely on her testimony.

 

[Seymour Flops]

There are people who believe that requirements such as having to bake a cake for a same-sex wedding is compelled speech.

They're not wrong, but the required cake baking is not a general principle, it is a set aside "right" specifically for same-sex couples - the right to force others to participate in your wedding.

If a couple wanted a wedding cake in the shape of a KKK hood, and a baker refused, there would be no court case.

Other than weird examples like that, the United States has been remarkably free of compelled speech. While free speech is often curtailed, we have not thus far been required to attend pro-government rallies, and express praise for this or that dear leader.

As far as I know, anyway. If someone has examples, I'd like to see them.

 

[Stormy Daniels]

There are people who believe that requirements such as having to bake a cake for a same-sex wedding is compelled speech.

They're not wrong, but the required cake baking is not a general principle, it is a set aside "right" specifically for same-sex couples - the right to force others to participate in your wedding.

If a couple wanted a wedding cake in the shape of a KKK hood, and a baker refused, there would be no court case.

Other than weird examples like that, the United States has been remarkably free of compelled speech. While free speech is often curtailed, we have not thus far been required to attend pro-government rallies, and express praise for this or that dear leader.

As far as I know, anyway. If someone has examples, I'd like to see them.

I seem to recall that at least one of the wedding cake stories centered on writing that would be used as decoration on the cake. And another instance where a print shop refused to make invitations or programs. And I believe that both instances were successful in claiming a free speech protection against the local public accommodation laws. I could be wrong.

 

[aaronleland]

As far as I know there have been no cases where a private business has been forced by the government to express a certain viewpoint. That's one area of free speech where America is still doing a damn good job.

As far as the "special scenarios" you mentioned (exit signs etc.) those are public safety regulations. It would be impossible for a business to argue that safetly guiding people to an exit violates their free speech.

 

[Stormy Daniels]

It would be impossible for a business to argue that safetly guiding people to an exit violates their free speech.

I wouldn't say it's impossible. If we've learned anything in recent years, there's always some idiot who will find a way to argue just about any cockamamie theory about how just about anything tramples on their rights. And sometimes, they even manage to win.

 

[BlackSand]

I seem to recall that at least one of the wedding cake stories centered on writing that would be used as decoration on the cake. And another instance where a print shop refused to make invitations or programs. And I believe that both instances were successful in claiming a free speech protection against the local public accommodation laws. I could be wrong.

.

People just need to be more creative with how they handle the situation ... For instance, the bake a cake issue.

"You do understand that I make custom cakes and can charge whatever I want for any particular cake.
Furthermore, although it will not harm you, it may not be the best cake you have had.
After I charge you an exorbitant amount of money for this custom cake, I will donate the money to a Christian Conversion Therapy Camp,
and then claim the donation as a tax break and screw the government as well for making me bake you this cake ... Will that be cash or credit?"

Just an analogy ... I don't bake cakes or really care who wants a cake for what reason.

.​

 

[aaronleland]

.

People just need to be more creative with how they handle the situation ... For instance, the bake a cake issue.

"You do understand that I make custom cakes and can charge whatever I want for any particular cake.
Furthermore, although it will not harm you, it may not be the best cake you have had.
After I charge you an exorbitant amount of money for this custom cake, I will donate the money to a Christian Conversion Therapy Camp,
and then claim the donation as a tax break and screw the government as well for making me bake you this cake ... Will that be cash or credit?"

Just an analogy ... I don't bake cakes or really care who wants a cake for what reason.

.​

You only posted this because your gay partner told you to.

 

[BlackSand]

You only posted this because your gay partner told you to.

.

How did you know ...

.​

 

[Oddball]

As far as I know there have been no cases where a private business has been forced by the government to express a certain viewpoint. That's one area of free speech where America is still doing a damn good job.

As far as the "special scenarios" you mentioned (exit signs etc.) those are public safety regulations. It would be impossible for a business to argue that safetly guiding people to an exit violates their free speech.

Ever seen those giant placards in employee areas, that advise those employees of their "rights"?

Though I could be wrong, I'd wager that those posters are required in businesses with a certain number of employees.

 

[aaronleland]

.

How did you know ...

.​

It happens.

 

[BlackSand]

It happens.

.

But do you really call it getting lucky if you are a prostitute ...

In all seriousness though, regulations are what they are, and figuring how you can get what you want
is a whole different ball of wax ... The government can try to force people to do a lot of things.

.​

 

[dblack]

There are people who believe that requirements such as having to bake a cake for a same-sex wedding is compelled speech.

It's not compelled "speech" - it's worse.

We get hung up on the Bill of Rights in exactly the way many of the founders feared. They worried that trying to list specific rights in the Constitution would imply that those were the only rights protected - and that wasn't their intent. They wanted a Constitution that limited government is such a way that all rights were protected. That was why they included the Ninth Amendment.

Bottom line - people should always have the right to say "no", regardless of their reasons. No one should be forced to accommodate others against their will.

 

[HandleTheTruth]

The judges can make a company release a statement in regards to recalls or false statements like corrections after a lawsuit.

I can't think of an instance where people should be forced to say anything.

 

[Uncensored2008]

You only posted this because your gay partner told you to.

Does he always do what you tell him?

 

[easyt65]

Evidently you MUST refer to a male as 'she' or a female as 'he' if they denand you do so or you will be charged with 'sexual harassment".