Parties: Hurley v. Irish-American Gay
Date: 1995-06-19
Identifiers:
Opinions:
Segment Sets:
Paragraph: 20 - N291* "Since all speech inherently involves choices of what to say and what to leave unsaid," Pacific Gas & Electric Co. v. Public Utilities Comm'n of Cal., 475 U.S. 1, 11, 106 S.Ct. 903, 909, 89 L.Ed.2d 1 (1986) (plurality opinion) (emphasis in original), one important manifestation of the principle of free speech is that one who chooses to speak may also decide "what not to say," id., at 16, 106 S.Ct., at 912. N292* Although the State may at times "prescribe what shall be orthodox in commercial adver-tising" by requiring the dissemination of "purely factual and uncontroversial information," Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U.S. 626, 651, 105 S.Ct. 2265, 2281, 85 L.Ed.2d 652 (1985); see Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations, 413 U.S. 376, 386-387, 93 S.Ct. 2553, 2559-2560, 37 L.Ed.2d 669 (1973), outside that context it may not compel affirmance of a belief with which the speaker disagrees, see Barnette, 319 U.S., at 642, 63 S.Ct., at 1187. Indeed this general rule, that the speaker has the right to tailor the speech, applies not only to expressions of value, opinion, or endorsement, but equally to statements of fact the speaker would rather avoid
Notes:
Preferred Terms:
Phrase match: the right to tailor the speech
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 22 - N293* The plurality made the further point that if "the government [were] freely able to compel . . . speakers to propound political messages with which they disagree, . . . protection [of a speaker's freedom] would be empty, for the government could require speakers to affirm in one breath that which they deny in the next." Id., at 16, 106 S.Ct., at 912. Thus, when dissemination of a view contrary to one's own is forced upon a speaker intimately connected with the communication advanced, the speaker's right to autonomy over the message is compromised.
Notes:
Preferred Terms:
Phrase match: s right to autonomy over the
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 14 - N82* The protected expression that inheres in a parade is not limited to its banners and songs, however, for the Constitution looks beyond written or spoken words as mediums of expression. Noting that N83* "[s]ymbolism is a primitive but effective way of communicating ideas," West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 632, 63 S.Ct. 1178, 1182, 87 L.Ed. 1628 (1943), our cases have recognized that the First Amendment shields such acts as saluting a flag (and refusing to do so), id., at 632, 642, 63 S.Ct., at 1182, 1187, wearing an arm band to protest a war, Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 505-506, 89 S.Ct. 733, 735-736, 21 L.Ed.2d 731 (1969), displaying a red flag, Stromberg v. California, 283 U.S. 359, 369, 51 S.Ct. 532, 535, 75 L.Ed. 1117 (1931), and even N84* "[m]arching, walking or parading" in uniforms displaying the swastika, National Socialist Party of America v. Skokie, 432 U.S. 43, 97 S.Ct. 2205, 53 L.Ed.2d 96 (1977). As some of these examples show, a narrow, succinctly articulable message is not a condition of constitutional protection, which if confined to expressions conveying a "particularized message," cf. Spence v. Washington, 418 U.S. 405, 411, 94 S.Ct. 2727, 2730, 41 L.Ed.2d 842 (1974) (per curiam ), would never reach the unquestionably shielded painting of Jackson Pollock, music of Arnold Schonberg, or Jabberwocky verse of Lewis Carroll.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-26 09:34:45 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 15 - But a private speaker does not forfeit constitutional protection simply by combining multifarious voices, or by failing to edit their themes to isolate an exact message as the exclusive subject matter of the speech. Nor, under our precedent, does First Amendment protection require a speaker to generate, as an original matter, each item featured in the communication. Cable operators, for example, are engaged in protected speech activities even when they only select programming originally produced by others. Turner Broadcasting System, Inc. v. FCC, 512 U.S. ----, ----, 114 S.Ct. 2445, 2456, 129 L.Ed.2d 497 (1994) (slip op., at 11) ("Cable programmers and cable operators engage in and transmit speech, and they are entitled to the protection of the speech and press provisions of the First Amendment"). For that matter, the presentation of an edited compilation of speech generated by other persons is a staple of most newspapers' opinion pages, which, of course, fall squarely within the core of First Amendment security, Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 258, 94 S.Ct. 2831, 2840, 41 L.Ed.2d 730 (1974), as does even the simple selection of a paid noncommercial advertisement for inclusion in a daily paper, see New York Times, 376 U.S., at 265-266, 84 S.Ct., at 718-719. The selection of contingents to make a parade is entitled to similar protection.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk