Editing First Amendment Sullivan/Outline
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· '''Law burdening F/E as compelled speech''' | · '''Law burdening F/E as compelled speech''' | ||
o '' | o ''West Virginia v. Barnette'' (U.S. 1943, p.S-7): | ||
§ <u>Rule</u>: The state may not compel a person to affirm something he does not believe (i.e., <u>state may not compel speech</u>) | § <u>Rule</u>: The state may not compel a person to affirm something he does not believe (i.e., <u>state may not compel speech</u>) | ||
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· Purpose of B/R was to place certain subjects beyond reach of majorities | · Purpose of B/R was to place certain subjects beyond reach of majorities | ||
§ ''<u> | § ''<u>Gobiits</u>'' <u>reframed as a F/S case</u> | ||
· Question is not whether F/E rights implicated, but whether law may compel affirmation of what one does not believe | · Question is not whether F/E rights implicated, but whether law may compel affirmation of what one does not believe |