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Re:NSA Spying Documents to be Released As Result of EFF Lawsuit by rayiner on Thursday September 05, 2013 @06:37AM (#6333266)
Its a tough case. On one hand its a commercial service, which always gets less speech protection. On the other hand photography is art.
Re:NSA Spying Documents to be Released As Result of EFF Lawsuit by einhverfr on Thursday September 05, 2013 @11:16AM (#6334676)
Additionally suppose what was at issue was a slogan printed on every wedding photograph which was clearly discriminatory because it was also political. Something like, "One man. One woman. One holy marriage."

If a photographer does this, you must choose between political speech and non-discrimination because the political speech interferes with a right of a vulnerable group to enjoy their purchased goods. Otherwise where do you draw the line?

Or what do you do if a cake decorator insists on a similar slogan on the wedding cake and opposite-sex decorations? Surely this is both political speech and functional discrimination, right?

The EFF avoids this by having a narrower focus.