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Reason
Reason
Politics
Eugene Volokh

S. Ct. Holds That Speech Creators (e.g., Web Designers) Can't Be Required to Create Content They Object to,

The logic of today's 303 Creative LLC v. Elenis should apply, I think, to photographers, videographers, calligraphers, freelance writers, and the like (as well as performers such as wedding singers). It wouldn't apply to businesses that provide nonspeech goods and services, such as wedding venues, limousine drivers, caterers, and the like. It is thus a narrow case, authorizing First Amendment defenses to only a limited set of applications of antidiscrimination law, when speech creators want to choose the particular content of speech that they seek to create.

At the same time, it provides strong protection for speech creators, whether their motivations are religious or not: The decision rests on the Free Speech Clause and not on the Free Exercise Clause. And it provides protection regardless of whether the antidiscrimination law bans discrimination based on sexual orientation, religion, race, political belief, and so on. The Court reasoned that, if the Free Speech Clause here was rejected:

The government could require "an unwilling Muslim movie director to make a film with a Zionist message," or "an atheist muralist to accept a commission celebrating Evangelical zeal," so long as they would make films or murals for other members of the public with different messages. Equally, the government could force a male website designer married to another man to design websites for an organization that advocates against same-sex marriage.

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