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Ep. 210: The First Amendment at the Supreme Court
So to Speak: The Free Speech Podcast
Determining Permissible Persuasion vs Unconstitutional Coercion
The test for determining the line between permissible persuasion and unconstitutional coercion is a fact-specific inquiry. Factors like word choice, tone, perception of threat by the recipient, presence of regulatory authority, and reference to adverse consequences are considered. There doesn't need to be an explicit threat; it can be implied. The four-factor test was primarily developed by the second circuit, and it originates from the Bantam Books case, a 60-year-old precedent from the Supreme Court.
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