VOLOKH at law.ucla.edu
Fri May 21 07:46:31 PDT 2004
Mark raises some very good questions, but to make this closer to the problem we discussed, let's (1) make this the government acting as sovereign, and (2) eliminate any Turner-like monopoly problem.
So say that there are a bunch of services that deliver flyers, newspapers, and the like to people's doors. One refuses to deliver a pro-gay-marriage flyer, another refuses to deliver a pro-sodomy-ban flyer. Both are sued, one on sexual orientation discrimination grounds and one on political ideology grounds. Should they have a First Amendment right to refuse to participate in the distribution of viewpoints that they find repugnant?
From: conlawprof-bounces at lists.ucla.edu on behalf of Mark Graber
Sent: Fri 5/21/2004 9:31 AM
To: conlawprof at lists.ucla.edu
Subject: RE: Compelled speech?
Maybe I missed this, but what about the local mailman.
1. Must he deliever a postcard that urges me to support gay marriage.
2. What about a letter from a gay rights organization, which on the outside indicates that this is a fundraising letter for gay marriage.
3. What about a letter that is simply from a gay rights organization (and given the envelop, we know is almost certainly a pitch for gay rights).
Mark A. Graber
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