LEGAL COMMENTARY:

Free Speech V. Captive Audiences
CAN WEARING AN ANTI-GAY SHIRT OR PROTESTING AT SOLDIERS' FUNERALS BE LIMITED?
FindLaw Columnist Michael Dorf

FindLaw columnist and Columbia law professor Michael Dorf discusses the concept of the "captive audience," a key part of First Amendment doctrine. He focuses on two recent instances in which a "captive audience" argument may make a difference: In one, a public high school student wore an anti-gay T-shirt that classmates, required to attend, were effectively forced to see. In another, state legislatures are considering legislation to stop certain protests that offend mourners at funerals for Iraq War soldiers; the mourners are effectively forced to endure the protests if they want to honor their loved ones by attending.

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