This coming week the Supreme Court will hear 303 Creative LLC v. Elenis, a case that offers the court an opportunity to reconcile the growing tension between the First Amendment’s free speech guarantees and public-accommodation laws.
Public-accommodation laws have generally coexisted peacefully with the First Amendment. Yet in a disturbing new trend, governments across the country claim the power to compel speech under the aegis of such laws. The crux of the question presented in 303 Creative is whether artists — indeed all Americans — remain free to say only what they believe.
The plaintiff in 303 Creative, Lorie Smith,
