Artists seek assistance in the fight following significant SCOTUS ruling on free speech.
Protecting Freedom of Speech: A Landmark Victory
During the summer, the U.S. Supreme Court delivered a landmark victory for free speech in 303 Creative v. Elenis. The court reaffirmed the fundamental principle of the First Amendment that the government cannot force individuals to express messages that go against their beliefs. This protection extends to all viewpoints, even those we may disagree with.
However, acknowledging these principles is one thing; applying them is another. It is now the responsibility of lower courts across the country to uphold this cherished freedom. As citizens, it is our duty to safeguard it.
The Case of 303 Creative: Upholding Individual Beliefs
In the case of 303 Creative, the Supreme Court ruled that Colorado could not misuse a law to compel graphic designer Lorie Smith to create custom websites that promote a view of marriage conflicting with her beliefs. This decision resolved a crucial legal question that had been debated in lower courts for years.
Unfortunately, many artists before Lorie have faced different outcomes, and others are still waiting for courts to apply the principles established in 303 Creative to protect their freedom of speech.
Artists Facing Government Coercion
Ten years ago, photographer Elaine Huguenin was forced to create photographs that contradicted her religious beliefs due to a state law in New Mexico. This decision led Elaine to close her business rather than betray her faith. Similarly, cake artist Jack Phillips faced legal action in Colorado for declining to create a custom wedding cake celebrating a same-sex wedding. The U.S. Supreme Court criticized state officials for their hostility towards Jack’s faith.
Despite these challenges, artists like Barronelle Stutzman and Blaine Adamson have stood up for their constitutional rights. Barronelle, a custom floral artist, spent nearly a decade defending her beliefs before settling her case. Blaine, a print shop owner, fought for his freedom to design custom t-shirts consistent with his beliefs, even facing vitriolic backlash and lost business.
Many other artists, including calligraphers, videographers, and photographers, have also taken a stand to protect their freedom to create art aligned with their deeply held beliefs.
Three Common Threads
These artists share three commonalities. First, they serve all individuals, regardless of their identity. Their decisions to accept or decline projects are based on the message they are being asked to express, not the person making the request.
Second, each artist has faced severe penalties for refusing to violate their beliefs, including financial costs, mandatory programs, and even jail time.
Third, these artists simply desire the freedom to create art that aligns with their faith. They want to decide for themselves what messages to express through their art.
Expanding the Reach of 303 Creative
The 303 Creative decision ensures this right for all Americans. However, its implications are now being tested in two separate cases involving photographers Chelsey Nelson and Emilee Carpenter. They are challenging local laws that would compel them to promote views of marriage that contradict their beliefs.
Both Chelsey and Emilee argue that photographs and blogs are forms of speech that communicate ideas. They serve all individuals but cannot create messages that go against their beliefs, regardless of who makes the request. They seek the same First Amendment protections affirmed in 303 Creative for their cases.
Preserving Freedom of Speech
These cases highlight the importance of protecting freedom of speech. Photographers and artists should have the right to express their beliefs through their work without government coercion. Let us recognize the sacrifices made to preserve this right as a privilege, not as ”the price of citizenship.”
Bryan Neihart is legal counsel with Alliance Defending Freedom (@ADFLegal).
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.
What role does the government play in upholding the principles of free expression?
Of their beliefs or sexual orientation. They simply request the freedom to decline specific messages that go against their deeply held beliefs. Second, they have all faced legal action or discrimination for exercising their freedom of speech. And third, they have all taken a stand to defend their constitutional rights and protect the freedom of speech for all individuals, even those with differing viewpoints.
The Importance of Protecting Freedom of Speech
Freedom of speech is a fundamental pillar of any democratic society. It ensures that individuals can express their opinions, beliefs, and ideas without fear of retaliation or coercion from the government. This freedom allows for open dialogue, the exchange of diverse perspectives, and progress. Protecting freedom of speech is essential to maintaining a society that values pluralism, tolerance, and individual autonomy.
When individuals are forced to express messages that go against their beliefs, their freedom of speech is violated. The government should not have the power to compel individuals to create or promote messages they disagree with, as it undermines individual autonomy and violates the principles of free expression.
Furthermore, protecting freedom of speech is not only crucial for individual rights, but also for the flourishing of art and culture. Artists rely on the freedom to express themselves authentically and convey their messages through their art. When artists are restricted or coerced into creating art that conflicts with their beliefs, it stifles their creativity and compromises the integrity of their work.
The Need for Continued Vigilance
While the Supreme Court’s decision in 303 Creative v. Elenis was a significant victory, it is essential to remain vigilant in protecting freedom of speech. Lower courts across the country must diligently apply the principles established in this case to ensure that individuals’ rights are upheld. As citizens, we have a responsibility to stay informed, support artists who face government coercion, and advocate for the protection of freedom of speech for all individuals.
By protecting freedom of speech, we not only safeguard individual autonomy and the integrity of art but also uphold the fundamental principles upon which our democracy is built. It is through open dialogue and the respectful exchange of differing viewpoints that we can strive for a society that values diversity, tolerance, and the free expression of ideas.
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