Abstract
The United States Supreme Court has been unable to articulate a coherent position when addressing the right of individuals to refrain from expressing themselves. The Court has applied various tests inconsistently—emphasizing principles in some cases, ignoring them in subsequent cases, and then emphasizing them again in later cases as if those principles had always been applied. The Court’s approach is incoherent, offering little guidance to lower courts except to suggest that public accommodations laws may soon be found inconsistent with First Amendment guarantees.
Recommended Citation
Mark Strasser,
Public Accommodations and the Right to Refrain from Expressing Oneself,
72 Clev. St. L. Rev.
671
(2024)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol72/iss3/7