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Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. State authorities had “transcend constitutional limitations on their powers.” 319 U. S., at 642. to reserve from all official control.” 319 U. S., at 642. In Barnette, the Court held that the State of West Virginia’s efforts to compel schoolchildren to salute the Nation’s flag and recite the Pledge of Allegiance “invad the sphere of intellect and spirit which it is the purpose of the First Amendment. This Court has previously faced cases where governments have sought to test these foundational principles. 464, 476 (internal quotation marks omitted). 624, 642, it is the principle that the government may not interfere with “an uninhibited marketplace of ideas,” McCullen v. For these reasons, “f there is any fixed star in our constitutional constellation,” West Virginia Bd. The freedom of thought and speech is “indispensable to the discovery and spread of political truth.” Whitney v.
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The freedom to speak is among our inalienable rights. 640, 660–661 (internal quotation marks omitted). (a) The framers designed the Free Speech Clause of the First Amendment to protect the “freedom to think as you will and to speak as you think.” Boy Scouts of America v. Held: The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Smith was not entitled to the injunction she sought, and the Tenth Circuit affirmed. Ultimately, the district court held that Ms. Smith’s websites “will know that the websites are her original artwork ” and “here are numerous companies in the State of Colorado and across the nation that offer custom website design services.” Smith’s and 303 Creative’s message celebrating and promoting” her view of marriage viewers of Ms. Smith provides design services that are “expressive” and her “original, customized” creations “contribut to the overall message” her business conveys “through the websites” it creates the wedding websites she plans to create “will be expressive in nature,” will be “customized and tailored” through close collaboration with individual couples, and will “express Ms. Smith’s belief that marriage is a union between one man and one woman is a sincerely held conviction Ms. Smith is “willing to work with all people regardless of classifications such as race, creed, sexual orientation, and gender” and “will gladly create custom graphics and websites” for clients of any sexual orientation she will not produce content that “contradicts biblical truth” regardless of who orders it Ms. Smith and the State stipulated to a number of facts: Ms. And a variety of penalties can follow any violation.īefore the district court, Ms. Either state officials or private citizens may bring actions to enforce the law. The law defines “public accommodation” broadly to include almost every public-facing business in the State. Smith filed a lawsuit seeking an injunction to prevent the State from forcing her to create websites celebrating marriages that defy her belief that marriage should be reserved to unions between one man and one woman.ĬADA prohibits all “public accommodations” from denying “the full and equal enjoyment” of its goods and services to any customer based on his race, creed, disability, sexual orientation, or other statutorily enumerated trait. Smith worries that Colorado will use the Colorado Anti-Discrimination Act to compel her-in violation of the First Amendment-to create websites celebrating marriages she does not endorse. Lorie Smith wants to expand her graphic design business, 303 Creative LLC, to include services for couples seeking wedding websites.