Four takeaways from Monday's key free speech case at the Supreme Court Commentary from Russell_NM.
On Monday morning, the Supreme Court heard oral arguments in a vital free speech case, 303 Creative v. Elenis. At issue is whether or not Colorado’s public accommodation law, its Anti-Discrimination Act, can compel Lorie Smith, the website designer behind 303 Creative, to create website designs celebrating gay marriage, even though doing so would go against her sincere religious beliefs. Here are four takeaways.
These hypotheticals appeared to force Kristen Waggoner, the attorney at Alliance Defending Freedom arguing Smith’s case, to strengthen her argument and explain why her client is correct.There were two main issues the justices returned to in their questions: whether or not Smith’s website designs were unique and count as"speech.
Thomas asked Colorado Solicitor General Eric Olson about the heart of this case."The complicating fact here is this is not a hotel, or a restaurant, a riverboat, or a train. I'm interested in the intersection of the public accommodation law and speech," Thomas said.Several justices pointed out that Colorado’s broad public accommodation law seemed to be the problem here, not Smith’s religious beliefs and website. Alito asked about Obergefell v.
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