Supreme Court must reject government attempts to compel speech, write HowardSlugh and Ismail Royer.
. But on closer inspection, this second webpage would directly contradict her faith by explaining why Jews reject Jesus as the Messiah. She politely declines to create this webpage.imam, asks her to draft a site promoting Islam’s belief that Jesus was not divine and calling on Christians to accept Muhammad as a prophet. Creating this site would also require her to express words that contradict her faith.Still so far, so good? Maybe. It depends on what happens on Dec.
Lori’s conscience does not require or even allow her to discriminate. She does not object to and will gladly create custom websites forclients so long as those customers do not request her to design a webpage displaying messages contrary to her beliefs. Likewise, she would decline to create such a website for anyone, regardless of sexual orientation.
The appellate court did not care that Lorie objected to the message rather than the customer. It narrowly focused on the effects of her actions rather than her motivations or the harms that she would suffer if she were forced to speak a message that violated her beliefs. As the dissenting judge correctly pointed out, this would effectively strip all artists of their freedom of speech and render them mouthpieces for the state. While supporters of CADA argue that it wouldn’t apply to artists who only create artwork for charitable purposes, it’s not clear that the law really would exempt noncommercial artists. Even if it did, we hope that America never becomes a country in which people of faith are excluded by law from participating in the marketplace.
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