US Supreme Court protects free speech for all

High court affirms that First Amendment protects Americans from government-mandated speech in 303 Creative v. Elenis

WASHINGTON – In a landmark decision Friday, the U.S. Supreme Court upheld
free speech for all Americans in 303 Creative v. Elenis, stating, “as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.” Alliance Defending Freedom attorneys represent Denver-area graphic artist and website designer Lorie Smith and her studio, 303 Creative, whom Colorado has censored for nearly seven years.

Lorie Smith, 303 Creative

“The U.S. Supreme Court rightly reaffirmed that the government can’t force Americans to say things they don’t believe. The court reiterated that it’s unconstitutional for the state to eliminate from the public square ideas it dislikes, including the belief that marriage is the union of husband and wife,” said ADF CEO, President, and General Counsel Kristen Waggoner, who argued before the Supreme Court on behalf of Lorie and 303 Creative. “Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it. Lorie works with everyone, including clients who identify as LGBT. As the court highlighted, her decisions to create speech always turn on what message is requested, never on who requests it. The ruling makes clear that nondiscrimination laws remain firmly in place, and that the government has never needed to compel speech to ensure access to goods and services.”

“This is a win for all Americans,” Waggoner added. “The government should no more censor Lorie for speaking consistent with her beliefs about marriage than it should punish an LGBT graphic designer for declining to criticize same-sex marriage. If we desire freedom for ourselves, we must defend it for others.”

ADF attorneys sued Colorado in 2016 on Smith’s behalf for misusing state law to violate the U.S. Constitution. They argued that a Supreme Court decision for Smith would benefit all Americans, regardless of their beliefs, and help end nearly two decades of unconstitutional government coercion against artists. In New Mexico, photographer Elaine Huguenin is out of business; in Washington, floral artist Barronelle Stutzman was forced to retire; in New York, photographer and blogger Emilee Carpenter faces six figure fines and even jail; and in Colorado, the state has used the very law at issue in this case to punish cake artist Jack Phillips, who is enduring his third lawsuit after more than a decade of litigation.