Monday, December 4, 2017

U.S. Supreme Court case argues that baking cakes is self-expression but not photography

By Robert P. George and Sherif Girgis

WASH, DC---You need the First Amendment precisely when your ideas offend others or flout the majority’s orthodoxies. And then it protects more than your freedom to speak your mind; it guards your freedom not to speak the mind of another. On Tuesday, the court will consider whether Colorado may deny Jack Phillips, the owner of Masterpiece Cakeshop, the right to sell custom wedding cakes because he cannot in conscience create them for same-sex weddings. Some fear a slippery slope, arguing that anything can be expressive. Note that this argument wouldn’t cover all requirements to make artistic items. The law may force photographers to do photo portraits for Latinos as well as whites since that doesn’t yet force them to create art bearing an idea they reject, which is all the compelled-speech doctrine forbids. [More]