this post was submitted on 01 Jul 2023
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Malicious Compliance
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The problem is it is vague imo. Baking a cake could be speech to this court
Baking the cake is definitely not speech ( although I appreciate your point about this Court interpreting it that way).
However, decorating the cake could reasonably be construed as speech, especially if there is text, logos, etc in the decoration.
Gotcha, yeah I agree. I personally don't think a website designer building something for a client is either. But we live in a dystopia right now. Hope you are doing well this evening.
I think that was the majority opinion's goal, they think the line between what is speech and what isn't should be spelled out more minutely with more legal precedent rather than what we had before where all speech in relation to selling a service was regulated under anti-discrimination statutes.