There may be a case when my spouse guzzles bleach to cure Covid because the President said so.
Liability has been stanched somewhere in the late 2000s, when arbitrage made the get out of jail card.
The legal basis for the State not being permitted to censor would be 1A. What would be the legal basis for private companies not being permitted to censor? And would a ruling for that allow me to sue Breitbart for deleting my comments or Fox News for never posting them?
Cutie Cat!
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It is amusing to read right wingers whining that the AI programs that are moderating internet posts are discriminating against them.
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That’s actually an interesting question. The owners of that shop argued that making the cake itself was an artistic expression and therefore speech. Seems like a flimsy argument to me because what keeps you from saying that running a Dollar General store is your artistic expression?
But once you get down to those decorations, it becomes a more nuanced question for sure. I think it could be argued that rainbows express a fairly neutral message or plural messages. Let’s say you have a policy of putting rainbows on cakes for princess birthday party orders but not pride month orders because the second feels like endorse the homosexual agenda. Well what if I put in a rainbow princess cake birthday order for my 40-year old assigned male at birthday drag queen friend? Is it changing what you are being “forced” to express when you make the same item for a different individual? Seems like clear discrimination.
Ken+Ken cake toppers, though, you might be able to argue is inherently expressive of a certain viewpoint and has an unambiguous meaning. You can likely defend a shop rule that says “We don’t do messages on cakes that betray our deeply held religious beliefs” and might be able to include that cake topper as an example expression the same way you’d be able to say you don’t put swastikas on cakes.
While I think that (before the current Supreme Court kakistocracy) the general principles of free speech and public accommodation were pretty well defined, the application of those principles to individual situations can absolutely be tricky.