Maybe I'm a bit late with this post, because it's been about four months, and there's been a wealth of other posts on the subject on this blog (see, e.g., these posts from Dale Carpenter, David Post, and Richard Re). But I did write an op-ed about 303 Creative LLC v. Elenis in July on the Emory Law News Center website, and since this is, after all, an important civil-rights precedent, I thought I would finally get around to sharing it here too.
303 Creative: Free speech reigns, even in the marketplace
The Supreme Court has taken an enthusiastic role in enforcing free speech guarantees. In 303 Creative LLC v. Elenis, the Court made clear that customized website design is "pure speech," and that free speech protections trump antidiscrimination law, even when the speaker is acting in the marketplace.
