What is the test for freedom of speech under the First Amendment?
California, United States of America
The following excerpt is from Smith v. Fair Employment and Housing, 25 Cal.App.4th 251, 30 Cal.Rptr.2d 395 (Cal. App. 1994):
"[T]he right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all. [Citation.] ... The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' [Citation.]" (Wooley v. Maynard (1977) 430 U.S. 705, 714, 97 S.Ct. 1428, 1435, 51 L.Ed.2d 752, 762.)
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