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The John Batchelor Show

#SCOTUS: Creative 303 and freedom of speech. Richard Epstein, Hoover Institution

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 6 July 2023

⏱️ 8 minutes

🧾️ Download transcript

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#SCOTUS: Creative 303 and freedom of speech. Richard Epstein, Hoover Institution
https://www.wsj.com/articles/303-creative-llc-v-elenis-supreme-court-neil-gorsuch-lorie-smith-free-speech-first-amendment-5a443236

Transcript

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0:00.0

This is CBSI in the world. I'm John Batchel with Professor Richard Epstein of the Hoover

0:09.4

Institution, generously commenting on the Supreme Court decisions tumbling on the table,

0:16.4

the six to three decisions by the conservative majority. The story of affirmative action,

0:23.1

the story of student loans, these are sweeping matters to do with the whole nation, but

0:28.2

this particular story, Creative 303, is about one state Colorado that, for its own

0:35.9

reasons, past laws for non-discrimination. This led to the case called Creative 303,

0:43.4

where a web designer chose not to comply to an order from a customer who was making it

0:52.9

very clear that the customer associated with LGBTQ questioning one. In other words, the

1:01.6

question was, was the web designers discriminating by refusing to take the order? Colorado said,

1:08.7

yes, and now the Supreme Court has commented. And Professor, how to read this for a larger

1:15.3

matter? Because it seems very specific to Colorado.

1:18.4

Well, it's not. Let me correct you on one thing. In this particular case, they

1:23.9

saw the declaratory judgment before any customer could come in. But they were worried about

1:29.0

it, is what everybody worries about in this business. Somebody comes in, places an order,

1:33.7

knows it's going to be turned down, refers it to the Human Rights Commission in Colorado,

1:38.0

and then gets the goods that they want from somewhere else. And when you had the masterpiece case

1:43.0

that was decided some years ago, everything turned on the confusion associated with the

1:48.5

behavior of the Human Rights Commission when faced with actual charges. And they started to say

1:53.6

that anybody who doesn't serve people is guilty of the Holocaust. They use all sorts of terrible names.

1:58.6

And what happened was Justice Kennedy at the time said, I'm not going to talk about the straight-up

2:03.4

case. This is bad enough behavior. I'm going to remain. What's interesting about this case,

2:08.0

there's no misbehavior whatsoever on the part of the agency. So it's a clean first and

...

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