Cannabis Sativa

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Commercial speech does not retain its commercial character "when it is inextricably intertwined with otherwise fully protected speech."
- in DEX MEDIA WEST, INC. v. City of Seattle, 2011 and 196 similar citations
In the context of protected speech, the difference between compelled speech and compelled silence "is without constitutional significance, for the First Amendment guarantees `freedom of speech,'a term necessarily comprising the decision of both what to say and what not to say. "
- in Parate v. Isibor, 1989 and 231 similar citations
The Supreme Court has made it clear that charitable solicitation is noncommercial speech fully protected by the First Amendment.
- in Telco Communications, Inc. v. Carbaugh, 1988 and 64 similar citations
—overturning a law requiring professional fundraisers to disclose to potential donors the percentage of charitable contributions collected that were actually turned over to charity
Mandating speech that a speaker would not otherwise make necessarily alters the content of the speech
- in Centro Tepeyac v. Montgomery County, 2013 and 206 similar citations
—"[t] he First Amendment mandates that [courts] presume that speakers, not the government, know best both what they want to say and how to say it."
In other contexts we have stressed that problems associated with solicitation must be addressed through "measures less intrusive than a direct prohibition on solicitation."
- in United States v. Kokinda, 1990 and 33 similar citations
"[E] ven with the purest of motives," the government "may not substitute its judgment as to how best to speak for that of speakers and listeners...."
The Supreme Court has emphasized that there is no constitutional difference between "compelled statements of opinion" and "compelled statements of fact" because "either form of compulsion burdens protected speech."
- in Washington Post v. McManus, 2019 and 35 similar citations

Cited by

420 F. 3d 331 - Court of Appeals, 4th Circuit 2005
Discusses cited case at length[CITATION] Illinois v. Telemarketing Associates, Inc.
538 US 1 - Supreme Court 2003
763 NE 2d 289 - Ill: Supreme Court 2001
700 F. Supp. 421 - Dist. Court, SD Indiana 1988
996 F. Supp. 2d 845 - Dist. Court, D. Nebraska 2014
315 P. 3d 71 - Cal: Supreme Court 2013
652 F. 3d 1085 - Court of Appeals, 9th Circuit 2011

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