Re:Supreme Court Sides with Baker Who Turned Away Gay Couple
by dahdum on Monday June 04, 2018 @12:35PM
(#17229572)
If the custom cake was an expression of free speech, forcing the baker to do so would be compelled speech. The principle you use to compel that speech would have broad implications for artists, writers, and all other creators.
Re:Supreme Court Sides with Baker Who Turned Away Gay Couple
by davorak on Monday June 04, 2018 @11:38PM
(#17234807)
> If the custom cake was an expression of free speech, forcing the baker to do so would be compelled speech.
This overstates it some. The baker is not forced to run a business that sells cakes to the public.
> The principle you use to compel that speech would have broad implications for artists, writers, and all other creators.
Not clear what the implications would be. I am not coming with broad results or impacts in a few minutes of thought. I get examples like:
* An artists that sells couple portraits to couples can not refuse a gay couple.
* A writer who sells obituaries to the public can not refuse to write one about a gay person.
* A baker who sells cakes to the public can not refuse to bake a cake for a gay couple.
From a legal perspective you absolutely can. That is the purpose of having a legal system after all. If someone behaves otherwise then that's where the justice system comes in.