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Extra Credit - 303 Creative LLC v. Elenis: Discrimination = Free Speech? (3 points) [Image unavailable: Alternative formats]
  • Due Oct 28 by 11:59pm
  • Points 0
  • Submitting a text entry box
  • Available after Oct 6 at 12am

Hi Class,

In 2018, the US Supreme Court issued its decision in the case of 303 Creative LLC v. Elenis. By a 6-3 vote, the Court has created a carve out to public state accommodation laws that bar discrimination based on sexual orientation. The Court ruled that a proclaimed Christian graphic artist who designs wedding websites for the public can refuse to work with same-sex couples. The Court created this exception on the basis of 1st Amendment free speech. Summaries of this Court decision (including the full Court opinion) can be found in the links below.

For a possible (3) points extra credit, please answer the following questions: (1 point each)

1. Please briefly identify the legal issues presented and the ultimate ruling of the US Supreme Court in 303 Creative LLC v. Elenis?

2. What potential ramifications does this US Supreme Court decision have on businesses? Does this open the door for private businesses to legally discriminate against other protected classes of people?

3. Most recently, US Attorney General Pam Bondi suggested the Justice Department might prosecute business if they turned away customers who wanted to print pictures of Charlie Kirk for memorial vigils. (See full article in link). Does the 1st Amendment and the SCOTUS precedent of 303 Creative LLC v. Elenis protect a printing business from government prosecution for refusing to provide services on the basis of personal political beliefs? https://www.msnbc.com/rachel-maddow-show/maddowblog/ag-pam-bondi-eyes-case-office-depot-employee-wouldnt-print-charlie-kir-rcna231860Links to an external site.

https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision#:~:text=By%20a%206%2Dto%2D3,creating%20a%20message%20she%20opposesLinks to an external site..

https://apnews.com/article/supreme-court-gay-rights-website-designer-aa529361bc939c837ec2ece216b296d5Links to an external site.