What 303 Creative v. Elenis is really about

Published December 6, 2022 12:00am ET



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.

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