#SCOTUS: 303 Creative and the court distinction between Freedom of Religion and Freedom of Speech. Richard Epstein, Hoover Institution
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John Batchelor
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🗓️ 18 July 2023
⏱️ 13 minutes
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#SCOTUS: 303 Creative and the court distinction between Freedom of Religion and Freedom of Speech. Richard Epstein, Hoover Institution
https://www.hoover.org/research/mixed-signals-free-speech
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| 0:00.0 | This is CBS, I am the world, I am John Bachelors. |
| 0:08.7 | The Supreme Court decision is 6-3. |
| 0:11.6 | The case, Creative, 303 Creative LLC versus Eleonus. |
| 0:17.2 | I welcome Professor Richard Epstein, Senior Fellow at the Hoover Institution, teaches |
| 0:21.8 | law at NYU in the University of Chicago writing most recently for the Hoover Institution's |
| 0:26.6 | defining ideas. |
| 0:28.2 | We begin with some of the history of a case that is said by the news reports to turn on |
| 0:35.6 | Freedom of Speech, not Freedom of Religion, which was an earlier case coming out of Colorado |
| 0:42.2 | called Masterpiece Cake Shop. |
| 0:44.0 | Richard, a very good evening to you. |
| 0:45.4 | Freedom of Speech and Freedom of Religion. |
| 0:47.8 | That seems to be from your presentation. |
| 0:51.6 | An important distinction that the Supreme Court made in its 6-3 majority, ruling in favor |
| 0:58.3 | of the young woman Smith, through 3-3 creative, to refuse to work for something she believed |
| 1:08.6 | was incorrect, and she believed that she couldn't be forced to work for what she believed |
| 1:14.3 | in correct in this case. |
| 1:16.2 | It was to do with LGBTQ rights. |
| 1:20.2 | Why is that distinction important to the court, religion and speech? |
| 1:25.3 | Well, for all sorts of reasons, that really don't make a lot of sense. |
| 1:28.6 | I think it's the first answer. |
| 1:30.6 | It's because the two sets of doctrines have tracked differently in the case law. |
| 1:34.8 | If you look at them as a matter of first principle, Freedom of Speech is allowed to, you |
... |
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