Compelled Speech and Proportionality
In: Indiana Law Journal, Band 97, Heft 3
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In: Indiana Law Journal, Band 97, Heft 3
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In: 97 Indiana Law Journal 841 (2022)
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In: California Western Law Review, Band 44, Heft 2
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In: NEW FRONTIERS IN THE PHILOSOPHY OF INTELLECTUAL PROPERTY, Annabelle Lever, ed., Cambridge University Press, Forthcoming
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In: Journal of Law and Politics, Forthcoming
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In: 11 TEX. A&M L. REV. 71 (2023)
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In: Indiana Law Journal, Band 97, Heft 3
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In: The Journal of law & [and] politics, Band 29, Heft 4, S. 499-516
ISSN: 0749-2227
In: 47 Pepperdine Law Review 731 (2020)
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In: Indiana Law Journal, Forthcoming
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In: 97 Indiana Law Journal 913 (2022)
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As the anti-vax industry continues to stoke fear and incite vaccine resistance, some means must be found to detoxify their false messages. Counterspeech, the preferred mode to deal with unfortunate rhetoric, is both ineffective and counter-effective when addressing factual "scientific speech" addressing health, I show here that many instances of the most potent anti-vax speech arise in the context of arguably commercial speech. I therefore investigate other free speech protections available to shield factually false anti-vax speech used in this context, concluding that while complete First Amendment protection may exist in the context of political speech (without proof of fraud), protections are more limited in the context of commercial speech. I then investigate the commercial ties of anti-vax groups and their mechanisms used in their strikingly effective outreach targeting insular audiences: the conference and pamphlet vehicles Research indicates that these anti-vax vehicles incorporate fingerprints of commercial enterprise, thereby making them eligible for regulation under the doctrine of compelled speech. I conclude by proposing that this approach allows for requiring imposition of warning labels on pamphlets as well as conference advertising and marketing. This novel approach may provide the salutary benefit not obtainable by counterspeech.
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In: 28 Wm. & Mary Bill Rts. J. 287 (2019)
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In: Michael Alderman, Comment, Free Speech Versus Compelled Speech: A First Amendment Reform of Section 230, 48 Seton Hall J. Legis. & Pub. Pol'y (Forthcoming 2023).
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