Daily Archives: July 5, 2023


303 Creative LLC: A win for free expression from SCOTUS 2

The first article I came across on the Supreme Court’s 303 Creative LLC decision was an outright lie, claiming the Court had ruled businesses can now refuse service to same-sex couples. Creating panic is what a lot of news sites do best, and lots of people on social media are helping to spread the misinformation. What it actually ruled was this:

The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy. In this case, Colorado
seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. In the
past, other States in Barnette, Hurley, and Dale have similarly tested the First Amendment’s boundaries by seeking to compel speech they
thought vital at the time. But abiding the Constitution’s commitment to the freedom of speech means all will encounter ideas that are “misguided, or even hurtful.” Hurley, 515 U. S., at 574. Consistent with the First Amendment, the Nation’s answer is tolerance, not coercion. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands. Colorado cannot deny that promise consistent with the First Amendment.

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