Captive-audience doctrine refers to a legal principle prohibiting a
person from making intrusive speech. It is also known as the
captive-audience rule. The rule is recognized under both constitutional
law and labor law. Under labor law, the rule prohibits a party to a
union election from making a speech on company time to a mass assembly
of employees within 24 hours of an election.
However, the captive-audience doctrine does not apply when the
unwilling audience is located on a public street or sidewalk because
they can avoid the unwanted message simply by walking away or averting
their eyes. The captive-audience doctrine can be used outside the
residential setting when the degree of captivity makes it impractical
for the unwilling viewer or auditor to avoid exposure. [Sabelko v. City
of Phoenix, 846 F. Supp. 810, 825 (D. Ariz. 1994)].
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