That's the topic of "Compelled Disclosures," a new article by law professor Caroline Corbin. Here is the abtract:
Courts
have faced a wave of compelled disclosure cases recently. By government
mandate, tobacco manufacturers must include graphic warnings on their
cigarette packages, doctors must show and describe ultrasound images of
fetuses to women seeking to abort them, and crisis pregnancy centers
must disclose that they do not provide contraception or abortion
services. Although applying the same compelled speech doctrine to
similar issues, appeals courts have reached very different results in
challenges to these laws. Drawing from First Amendment theory, this
Article first identifies why compelled disclosures undermine free speech
values. It then applies those insights to the specific examples above.
In doing so, it examines not only compelled text but the new phenomenon
of compelled images, particularly compelled images designed to provoke
an emotional response. The Article concludes that recent appeals court
decisions have it backwards: It is mandatory abortion counseling laws
that offend free speech principles, not laws requiring cigarette
warnings or crisis pregnancy center disclosures.
