Monday, November 27, 2017

The Gay Wedding-Cake Case Isn’t About Free Speech: The inconvenient facts of Masterpiece Cakeshop

Andrew Koppelman

On December 5, the Supreme Court will hear oral argument in Masterpiece Cakeshop, the case in which a baker claims that free speech protects his right to refuse to make a cake for a same-sex wedding. Although it is impossible to know how the Court will rule, I can confidently predict that if the baker wins, the justices’ explanation will be incoherent.

I explain in a new essay at the American Prospect, here.

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