303 Creative Will Affect More Than Wedding Vendors

[Geee]

Real Clear Policy

In December, the Supreme Court will hear the latest case to come from Colorado’s enforcement of its “public accommodations” law to creative professionals who object to messages celebrating same sex marriage. But the case will affect the rights of many more people than Christian bakers and florists. Among others, the Court’s decision in 303 Creative LLC v. Elenis will also impact the First Amendment freedoms of social media platforms – demonstrating once again that our free speech rights are bound up together, whether we like it or not.

The First Amendment prohibits government from compelling speech. Public officials can’t force students to recite the Pledge of Allegiance in a public school classroom or even require you to promote a state motto on your license plate. In 303 Creative, both sides agree that its owner, Lorie Smith, serves “all people regardless of classifications such as race, creed, sexual orientation, and gender.” She designs websites for LGBTQ customers. But she declines to express messages with which she disagrees, including custom website content celebrating a same sex marriage. Unlike prior similar cases to reach the Court, there is no dispute that Colorado is compelling Smith to speak. As Americans for Prosperity Foundation has previously to the Court, Colorado is violating the First Amendment.