The Supreme Court hears arguments Monday in 303 Creative v. Elenis, in which Colorado claims it can compel Lorie Smith , a wedding website designer, to create custom content for same-sex weddings over her religious objections.
The First Amendment broadly prohibits the government from compelling people to speak.
Circuit Court of Appeals acknowledged that forcing Ms. Smith to speak a state-imposed message infringed on her First Amendment rights.
But it justified that infringement on grounds that her custom designs are “by definition, unavailable elsewhere,” making Ms. Smith “similar to a monopoly.”That’s far-fetched.
As one of thousands of designers, Ms. Smith couldn’t have fewer rights.