Professor Michael Helfand, "Free Speech or Discrimination? SCOTUS Hears the Case of a Web Designer Refusing to Work with Same-Sex Couples" -- The Forward

Professor Michael A. Helfand's opinion article, "Free Speech or Discrimination? SCOTUS Hears the Case of a Web Designer Refusing to Work with Same-Sex Couples," is published in the Forward. The article considers the arguments in the Supreme Court case 303 Creative v. Elenis.

Excerpt from "Free Speech or Discrimination? SCOTUS Hears the Case of a Web Designer Refusing to Work with Same-Sex Couples"

The difficulties in figuring out when conduct is sufficiently expressive to qualify as speech — and therefore for the protections afforded compelled speech — is why oral argument this week amounted to nearly two hours of questions from the justices, often addressing some relatively outlandish scenarios. 

Given the context-sensitive nature of the inquiry, the justices all wondered about the implications of the case before them.

 

The complete article may be found at the Forward