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The Supreme Court has ruled that a graphic designer can’t be required to make a website celebrating the wedding of a (possibly hypothetical) gay couple, saying it would violate First Amendment protections against compelled speech. It’s a decision that isn’t necessarily surprising for the current court but one that could intersect strangely with the coming fight over online moderation.
Justice Neil Gorsuch delivered the majority opinion in 303 Creative v. Elenis, and it was supported in a 6 to 3 vote, with the court’s liberal minority dissenting. Gorsuch determined that Colorado graphic and web designer Lorie Smith could legally refuse service to a same-sex couple looking to commission a wedding website, something that Smith found morally…
