Does party express disagreement with message a if no

Does party express disagreement with message?
a.
If no, party loses
b.
If yes, proceed
2.
Is there a likelihood of attribution
a.
If no, party loses
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b.
If yes, proceed
3.
Any ability to disclaim ?
a.
If no, party loses
b.
If yes, party wins
b.
Hurley v. Irish-American Gay and Lesbian Group of Boston (1995)
i.
Faces – St. Patrick’s Day parade organized by War Veterans. Local ordinance
requires that gays and lesbians are part of the group (anti-discrimination).
The group says their right not to speak is being violated if forced to include
gays in the parade.
ii.
Held – Compulsion violates right not to speak
iii.
Rule – Groups have a 1st Amendment right not to be forced to accept
participants whose presence would interfere with the group’s expressive
activities
iv.
Analysis –
1.
Does party express disagreement with message? Yes, absolutely
2.
Is there a likelihood of attribution? Yes
a.
Parade itself is an expressive activity, so if in parade, likely to
think that allowing group is part of the parade’s message
3.
Any ability to disclaim? No, it would be unusual to have a disclaimer in
a parade
c.
Board of Regents v. Southworth (2000)
i.
Facts – University students must pay student activities fee. Funds are used to
support various organizations. Some students claimed their right NOT to
speak was violated by the university supporting groups whose messages the
students disagreed with.
ii.
Held – No violation
iii.
Rule – So long as we are establishing a limited public forum and the
distribution of funds is viewpoint neutral, the student activities fund
requirement is not a violation of the right not to speak
iv.
Notes –
1.
Other half of Rosenberger
III.
COMPELLED DISCLOSURE IN COMMERCIAL SPEECH
a.
Compelled Disclosure
i.
Government is not saying you must say statement one; rather the
government is saying if you say statement one, you must say statement two
ii.
Lots of government deference
1.
Compelled statement need only be reasonable related to preventing
deception
2.
Contrast with strict view, which would require government to show
that first statement is misleading before it could compel disclosure
iii.
Why did the Court adopt deferential view?
1.
Anti-Paternalism View – Not suppressing facts, requiring more facts
b.
Test ( Zauderer )
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i.
State may compel disclosure
ii.
of truthful information
iii.
if disclosure is reasonably related
iv.
to preventing deception
v.
BUT, if unduly burdensome then regulation may violate the 1st Amendment
§ 18 - Freedom of Religion
I.
INITIAL THOUGHTS
a.
Two Main Clauses –
i.
Establishment Clause – Prohibits any law “respecting the establishment of
religion”
1.
Prevents government from endorsing or supporting religion
2.
3 main areas of the Establishment Clause:
a.
Prayers and invocations
b.