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The Importance of Freedom of Speech
“Of course, abiding by the Constitution’s commitment to the freedom of speech means all of us will encounter ideas we consider ‘unattractive,’ ‘misguided,’ or even ‘hurtful,’ but tolerance, not coercion, is our nation’s answer. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.”
A Victory for Religious Freedom
Smith was represented by the Alliance Defending Freedom (ADF) legal group, and her attorneys argued that state law affects creative professionals who have religious or moral concerns about creating content that violates their beliefs.
Celebrating a Landmark Decision
ADF characterized the decision as a “landmark” victory. “More than just a win for Lorie Smith, this is a sweeping free speech victory for every American,” the group said on Twitter Friday.
Gorsuch’s Decision and Supreme Court Precedents
Gorsuch’s decision in the case known as 303 Creative v. Elenis invoked several Supreme Court precedents. Students are protected from being compelled to salute the American flag and say the Pledge of Allegiance; a St. Patrick’s Day parade in Boston could not be forced to include a gay, lesbian, and bisexual group; and the Boy Scouts could not be forced to include a gay man as a scout leader.
Justice Sotomayor’s Dissenting Opinion
Justice Sonia Sotomayor authored a dissenting opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson.
