Federalist Society Annual Faculty Conference Welcome & Luncheon Discussion: Free Speech vs. Non-Discrimination: A Discussion on 303

Go Back

Session Type: Other Organization Events

Session Capacity: N/A

Hotel: Westin Washington DC Downtown

Room: River Birch Ballroom

Floor: Meeting Room Level

303 Creative v. Elenis, which the U.S. Supreme Court decided last term, is the most recent case in the ongoing conflict between First Amendment freedoms and public accommodations laws. To what extent does a business owner's freedom of expression, including religious expression, preempt rules about not discriminating against persons in the marketplace? Can one differentiate between discrimination based on message and discrimination based on the customer? Should vendors whose work is expressive receive more protection than those who do not work in an expressive vein? The panelists will discuss 303 Creative itself and address broader issues that have arisen in other cases in the US and abroad.