WASHINGTON (Dec. 2, 2022)— On Monday the Supreme Court will hear oral arguments for 303 Creative LLC v. Elenis, a case about whether a Colorado web designer can refuse to design websites for same-sex weddings. The issue the Court will decide is whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment.
Alan B. Morrison is the Dean for Public Interest and Public Service Law and a constitutional law expert. He participated in GW Law’s Fall preview of the Supreme Court’s term, where he discussed the parameters of 303 Creative LLC v. Elenis:
“The first question, is this really a manufactured case or not? If this were one of my cases, they’d kick me out because there’s no standing, no injury, no ripeness. But [the Court] took the cert petition knowing exactly what it was, so I think they’re going to try to decide this case, and I don’t think they took it to affirm…It’s a revival of Masterpiece [Cakeshop, Ltd. v. Colorado Civil Rights Commission] without some of the specifics in that case.”
He is available to offer context and commentary on this case.