The Best Argument for Jack Phillips, in Three Steps

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This argument applies three premises drawn from earlier cases:

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Preliminary Results, Speculative Studies, and No Control Groups

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Step One: The First Amendment Covers Phillips’ Artistic Product

- Disabled Women research paper discusses the different types of disabilities a woman/girl can have and the statistics of different types of abuse they may encounter in their life.

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- An abundance of police corruption continues to exist in America.

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So what other goal does it serve? It spares you from having to be complicit, duplicitous, and hypocritical: It guards your integrity and , your sovereignty over your own words and expressions. It ensures that as the Court has expressly held. That is why it must protect you against being forced to create speech carrying a message you reject—even if you also get a chance, by other forms of speech, to cancel the implication that you believe that message. Thus, if Phillips is forced to pour his creative talents into the creation of an artistic product that expresses an idea he opposes, it’s no relief to assure him that the wedding guests will understand his hand was forced. He was still made complicit in expression he opposed; his artistic autonomy was compromised.

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Almost every time the Supreme Court has found compelled speech, it has ruled against the government without even stopping to ask if the compulsion was justified. Still, a plurality opinion in says that compelled speech can be justified if it’s narrowly tailored to advancing a compelling public interest (the most stringent test the Court ever applies to burdens on constitutional rights). But as I’ll show, the very opposite is true of the compelled speech at issue here. Not only does it not serve a compelling public interest; the goal it serves is one that our law has always deemed inherently illegitimate—absolutely off-limits—as a justification for any regulation of speech.

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Step Three: Coercing Phillips Serves No Compelling Interest

Regnerus’s study identified 248 adult children of parents who had same-sex romantic relationships. Offered a chance to provide frank responses with the hindsight of adulthood, they gave reports unfavorable to the gay marriage equality agenda. Yet the results are backed up by an important thing in life called common sense: Growing up different from other people is difficult and the difficulties raise the risk that children will develop maladjustments or self-medicate with alcohol and other dangerous behaviors. Each of those 248 is a human story, no doubt with many complexities.

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Why Majorities May Not Suppress Speech to Fight Dignitary Harm

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