meta_pixel
Tapesearch Logo
Log in
We the People

303 Creative and Other Key Cases From SCOTUS’s 2022-23 Term

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 13 July 2023

⏱️ 53 minutes

🧾️ Download transcript

Summary

In a 6-3 ruling at the end of the 2022-23 term, the Supreme Court handed down a major First Amendment decision about the intersection of free expression rights and anti-discrimination laws in 303 Creative v. Elenis. The Court held that Colorado could not force a website designer to design a site and create expressive designs that she disagreed with, which included creating a website for same-sex marriages. In this episode, host Jeffrey Rosen is joined by ACLU National Legal Director David Cole and New York Times opinion columnist David French to break down the 303 Creative decision, as well as review the 2022-23 term as a whole, other key decisions from this past year, and where the Court is headed next.   Resources:    303 Creative LLC v. Elenis (2023)   ACLU (David Cole as Counsel of Record), “Brief for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Colorado in Support of Respondents”, 303 Creative LLC v. Elenis  David Cole, “The Supreme Court Picks its Battles” The New York Review (July 4, 2023)  David Cole, ACLU, “Supreme Court Term in Review: Reconciling Our Losses and Wins” July 6, 2023  David French, “Brief of 15 Family Policy Organizations as Amici Curiae in Support of Petitioners”, 303 Creative LCC v. Elenis  David French, The New York Times “How Christians and Drag Queens Are Defending the First Amendment” (June 30, 2023)  David French, “Harvard Undermined Itself on Affirmative Action,” New York Times (June 29, 2023)  David French, “The Supreme Court Just Helped Save American Democracy from Trumpism,” New York Times (June 27, 2023)  Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

Click on a timestamp to play from that location

0:00.0

In a six to three ruling at the end of the Supreme Court term,

0:03.4

the court handed down 303 Creative versus Alainis,

0:06.5

a major First Amendment decision about the intersection of

0:09.7

free expression rights and anti-discrimination law.

0:12.8

Hello friends, I'm Jeffrey Rosen, president and

0:17.5

CEO of the National Constitution Center, and welcome to We The People,

0:21.4

a weekly show of constitutional debate.

0:24.0

The National Constitution Center is a nonpartisan non-profit chartered by Congress to increase awareness

0:29.4

and understanding of the

0:35.0

understanding of the Constitution among the American people.

0:33.0

In this episode, I am honored to convene two of America's most thoughtful

0:38.0

legal commentators, the ACLU National Legal Director David Cole,

0:42.0

and the New York Times opinion

0:44.1

columnist David French. This is a dream team of constitutional

0:48.8

David's and it will be great to hear their insights about 303 and the other cases of the end of this important term.

0:56.8

David Cole is the National Legal Director of the ACLU and has litigated many cases in the court.

1:03.4

His most recent book is Engines of Liberty,

1:06.0

How Citizens Movements Succeed.

1:09.1

David Cole, welcome to We The People.

1:11.2

Thanks for having me again, Jeff.

1:13.7

And David French is a New York Times opinion columnist.

1:16.6

Before that, he was senior editor at The Dispatch, which he helped to start, and a contributing

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from National Constitution Center, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of National Constitution Center and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.