Many liberals fear that the court has created a loophole in antidiscrimination laws that could allow everyone from photographers to chefs to refuse services to people they dislike on First Amendment grounds.
and being forced into “celebrating marriages she does not endorse” would infringe on her First Amendment rights.The ruling is a clear victory for Smith, but there’s a lot of debate over how broadly the decision will apply outside of this specific set of circumstances, due to the lack of clear guidelines about what types of businesses can count their work as “expressive” speech.
Most conservatives say these concerns are overblown. They argue that the new standard set by the court applies only to a small subset of businesses that do purely creative work. Many also say the ruling is a major win for free speech that benefits underrepresented groups most of all, since they are the most vulnerable to having their free speech violated by the majority.
“The First Amendment was once an indispensable tool for protecting the rights of the marginalized. … [The court], however, has turned that shield into a wrecking ball, using the First Amendment to take aim at the very laws that were enacted to“This is a free speech decision that protects everyone, gay and straight, and stands for the proposition that the state cannot compel Americans engaged in expressive speech — even those operating small businesses — to say things they do not believe.
Photo illustration: Yahoo News Visuals; photos: Peter Dazeley, mikroman6, Bildagentur-online via Getty Images
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