HUGE Win for Free Speech and Religious Liberty!
Today, in the case of 303 Creative v. Elenis, the U.S. Supreme Court held in favor of Lorie Smith, a custom website designer who objected on free speech grounds (and as a Christian) to creating pages celebrating weddings of same-sex couples. The Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. This is a major victory for freedom of speech, conscience, and religious liberty, and this case will have massive implications for all forms of speech!
The Court emphasized that “The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy.” Moreover, “The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.” We applaud the Court’s long-overdue ruling (the Court unfortunately dodged addressing the underlying issue in the Masterpiece Cakeshop case in 2018) on this important issue.
Today’s opinion in 303 Creative is a critical reaffirmation of the right of every American to free speech, but especially for people of faith who maintain long-standing orthodox views about marriage and sexuality yet are facing increased coercion by their governments to express contrary messages. This case brings much-needed clarity to a variety of scenarios affecting Americans who don’t want to have to forfeit their conscience as a condition to participating in the marketplace. As the Court stressed, “speakers do not shed their First Amendment protections by employing the corporate form to disseminate their speech.”
We look forward to seeing all the ways in which this case will be used to protect speech in all of its expressions, and our Founding Freedoms Law Center stands ready to ensure that Virginians enjoy the full benefits of this precedential decision. If you or someone you know in Virginia is facing coercion to speak or express messages with which you disagree, don’t hesitate to reach out to the attorneys at our Founding Freedoms Law Center for help.
