I was asked to speak at a rally in front of the Supreme Court on Monday morning on behalf of Lorie Smith, the Colorado web designer whose case went before the Supreme Court later that day. I’ve been following her case, 303 Creative LLC v. Elenis, for a while and have written extensively about what it means for free speech and creative expression.
The fundamental question in the case is whether the government has the right to compel speech by creative professionals. The state of Colorado is arguing that it does, claiming its interest in enforcing a public accommodation law aimed at preventing discrimination is more important than creatives’ First Amendment rights. Smith, on the other hand, is asking the court to make clear that government officials cannot force creatives to convey messages that violate their sincere convictions.
THE SUPREME COURT MUST UPHOLD THE RIGHT TO FREE SPEECH
The reason this case is so important is that its implications reach well beyond the religious community and the debate over same-sex marriage. If Colorado succeeds in its effort to control what Smith can and cannot say about same-sex marriage, it could easily use this power to turn every other creative in the state, including journalists, into government mouthpieces. As Alliance Defending Freedom’s Kristen Waggoner pointed out before the Supreme Court on Monday, the state’s definition of a public accommodation is so vague and broad that it could apply to every single business owner, freelancer, and resident hoping to participate in the economic market.
I’m including an amended version of my remarks at Monday’s rally below. I hope they persuade you that 303 Creative isn’t just about Smith. It’s about every single one of us and our right to speak freely and live according to our beliefs.
<bsp-quote data-state="{"cms.site.owner":{"_ref":"0000017c-2d27-d823-a5ff-aff793af0000","_type":"00000161-3461-dd66-ab67-fd6b93390000"},"cms.content.publishDate":1670343211032,"cms.content.publishUser":{"_ref":"00000162-07c3-d172-a563-4feb224a0001","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"cms.content.updateDate":1670343211032,"cms.content.updateUser":{"_ref":"00000162-07c3-d172-a563-4feb224a0001","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"quote":"First, I’d like to thank Alliance Defending Freedom for taking up this fight on behalf of not just Lorie Smith, but every single one of us here today. Because, ultimately, 303 Creative isn’t just about Lorie, (though she, like ADF, should be commended for having the courage to take up this legal battle … because it is not for the faint of heart). No, this case affects every single one of us and our right to speak freely and communicate messages according to our sincere beliefs.
As a journalist and columnist, I depend on this right, the right to voice my opinions publicly, to write about my faith without fear of retaliation, to convey messages that I believe to be true and good, every single day. I also recognize that there are some in positions of power who would love nothing more than to take that right away. And let’s be clear: That is exactly what the Colorado government is trying to do to Lorie and the thousands of other creative professionals who reside within its state. Colorado believes it has the power to force Lorie to create messages with which she disagrees and that it has the right to determine which ideas are acceptable in the public square and which ones are not.
This is a dangerous standard. Using Colorado’s logic, the state could force an LGBT website designer to create custom websites celebrating the Catholic Church’s teachings on marriage. It could force a pro-choice photographer to create images celebrating the pro-life cause. It could force a Democrat speechwriter to create content for a Republican candidate. And it could force a journalist to serve as the state’s mouthpiece or risk punishment.
Without freedom of speech, the rest of our rights will crumble and fold beneath the weight of government coercion. It is the bedrock upon which they all depend. Without the right to speak freely, there is no right to assembly, no freedom of the press, no freedom to religious exercise. If the government succeeds in its attempt to silence Lorie, it will quickly get to work chipping away at the other freedoms we enjoy until we’re no longer free, self-governing citizens, but only puppets reading off a government-approved script. That’s not a democratic society — it’s a totalitarian one.
Thankfully, regardless of how the court rules, we know that our right to speak freely and live according to our beliefs does not come from the state of Colorado or from any other government. Our liberties are not the state’s to give, nor are they theirs to take away. Our rights come from the laws of nature and nature’s God, and I’m thankful to stand alongside each of you today in this effort to defend them.","theme.0000017c-2d32-d5c4-af7f-7d77b7920000.:core:quote:Quote.hbs._template":null,"theme.0000017c-2d32-d5c4-af7f-7d77b7920000.:core:enhancement:Enhancement.hbs.enhancementAlignment":null,"theme.0000017c-2d32-d5c4-af7f-7d77b7920000.:core:enhancement:Enhancement.hbs._template":null,"_id":"00000184-e816-d2c9-a9e6-fa1ed05d0000","_type":"00000161-3461-dd66-ab67-fd6b92f10002"}”>First, I’d like to thank Alliance Defending Freedom for taking up this fight on behalf of not just Lorie Smith, but every single one of us here today. Because, ultimately, <i>303 Creative</i> isn’t just about Lorie, (though she, like ADF, should be commended for having the courage to take up this legal battle … because it is not for the faint of heart). No, this case affects every single one of us and our right to speak freely and communicate messages according to our sincere beliefs.
As a journalist and columnist, I depend on this right, the right to voice my opinions publicly, to write about my faith without fear of retaliation, to convey messages that I believe to be true and good, every single day. I also recognize that there are some in positions of power who would love nothing more than to take that right away. And let’s be clear: That is exactly what the Colorado government is trying to do to Lorie and the thousands of other creative professionals who reside within its state. Colorado believes it has the power to force Lorie to create messages with which she disagrees and that it has the right to determine which ideas are acceptable in the public square and which ones are not.
This is a dangerous standard. Using Colorado’s logic, the state could force an LGBT website designer to create custom websites celebrating the Catholic Church’s teachings on marriage. It could force a pro-choice photographer to create images celebrating the pro-life cause. It could force a Democrat speechwriter to create content for a Republican candidate. And it could force a journalist to serve as the state’s mouthpiece or risk punishment.
Without freedom of speech, the rest of our rights will crumble and fold beneath the weight of government coercion. It is the bedrock upon which they all depend. Without the right to speak freely, there is no right to assembly, no freedom of the press, no freedom to religious exercise. If the government succeeds in its attempt to silence Lorie, it will quickly get to work chipping away at the other freedoms we enjoy until we’re no longer free, self-governing citizens, but only puppets reading off a government-approved script. That’s not a democratic society — it’s a totalitarian one.
Thankfully, regardless of how the court rules, we know that our right to speak freely and live according to our beliefs does not come from the state of Colorado or from any other government. Our liberties are not the state’s to give, nor are they theirs to take away. Our rights come from the laws of nature and nature’s God, and I’m thankful to stand alongside each of you today in this effort to defend them.CLICK HERE TO READ MORE FROM RESTORING AMERICA
