Carol Platt Liebau: The First Amendment Back Before the Supreme Court

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This week marked the first Monday in October, and thus the opening of the Supreme Court. This term, few cases are as important as the religious freedom issue in 303 Creative v. Elenis. Lois Smith is an artist who challenged a Colorado law, which would have forced her to create designs that violate her beliefs about marriage. It’s the same law used to punish Masterpiece Cakeshop owner Jack Phillips. 

Last year, the Tenth Circuit Court of Appeal held that Colorado could make people create websites promoting messages that violate their beliefs. This is compelled speech, with government telling people what they must say—and it is blatantly unconstitutional. Lois Smith has appealed to the Supreme Court, ably represented by the Alliance Defending Freedom. Now it is up to the Supreme Court to vindicate Ms. Smith’s First Amendment rights to freedom of speech and religion. We’ll be watching closely.

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