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The New Guard

Supreme Court Ruling Is A Brilliant Victory For Free Speech

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July 19, 2023

By Madison Hahn, Staff Attorney

Today’s ruling in the 303 Creative vs Elenis case is a brilliant victory for Free Speech!

Young America’s Foundation participated in this case before the U.S. Supreme Court precisely because of the vital and fundamental interest at stake: every American must have the right and freedom to act in concert with his or her own deeply held convictions.

What the state of Colorado tried to do here was simply unconscionable: imposing a new law on the citizenry that would force businesspeople—and all people for that matter—to say or create content, goods, services, and even art in contravention of their core values and beliefs.

“Lorie Smith, the wonderful artist who runs 303 Creative, serves people from all walks of life.  But like all artists, what she won’t do is allow anyone to force her to put words in her mouth,” YAF General Counsel Vic Bernson said during his remarks on the steps of the Supreme Court. “But like all artists, what she won’t do is allow anyone to force her to put words in her mouth.  You want a website?  Great, she’ll design you a gorgeous website.  But if you want her to fill that website with content she cannot abide—such as content that is un-American or that mocks people’s faith—well, that’s where she draws the line.”

Young America’s Foundation wholeheartedly agrees with Justice Gorsuch that this sort of government power would spell the demise of the First Amendment.

Because of the Court’s courageous decision today, no longer will government bureaucrats have the power to banish conservative ideas from the public marketplace. They will no longer be able to misrepresent their deceitful “anti-discrimination commissions” and “civility codes” as anything other than what they truly are: laws intended to stifle dissent and establish a mandatory “woke” orthodoxy. The people of America see right through this and know better.

As Benjamin Franklin once said, “Where a man cannot call his tongue his own, he can scarce call anything his own.”

At Young America’s Foundation, we have always encouraged young entrepreneurs to work hard to achieve their dreams. Today’s important victory in 303 Creative v. Elenis will ensure that these same young people will be able to follow their dreams and create the new ideas, products, and services that will define our future without having to sacrifice their most cherished beliefs.

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