AALS Hot Topic Program

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Session Type: AALS Hot Topic Programs

Session Capacity: N/A

Location: Marriott Marquis Washington, DC

Room: Marquis Salon 15

Floor: Level M2

After decades of uncertainty, the Supreme Court has finally interpreted the First Amendment as protecting discrimination in at least some commercial contexts in 303 Creative v. Elenis. Such interpretation of rights challenges the efficacy and scope of public accommodation laws. This panel will examine two ramifications of the decision: 1) future consequences for public accommodations law, and appropriate avenues for action and reform; 2) how 303 Creative may signal limits to ‘polycentric constitutionalism’, by which multiple governmental institutions operate to uphold constitutional values.