Month: August 2023 (Page 2 of 2)

The opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+ rights. Many on both sides agree, however, that – either way – it is an important defence of free speech. I am sorry to say that it is nothing of the sort. It is a stalking horse for an approach that will have pernicious consequences for the First Amendment. Continue reading