The US Supreme Court has been busy making Leftists cry lately. In addition to their recent decision regarding Affirmative Action (my coverage available here), they also ruled in a 6-3 decision in favor of a Colorado businesswoman who wanted to do wedding websites, but didn’t want to them for same-sex weddings. Seems it would violate her religious beliefs, so she challenged Colorado’s law and eventually won.
Which royally pissed off the Left!
While Leftists started in on their “expand the Supreme Court” and “extremist right wing Court” recycled rhetoric, others cheered the decision as a “victory for free speech.” So, why were Leftists (who proclaim themselves as free speech champions) upset?
I’m glad you…errr I asked.
303 Creative LLC v. Elenis
What the Left thinks it means – a Supreme Court decision that makes it legal to discriminate against people
What it really means – the mask slipping on the Left’s commitment to free speech
Our good friends at Twitchy give us a nice breakdown of the case and the stipulations the businesswoman was willing to make to comply with Colorado’s anti-discrimination laws. The Reader’s Digest Condensed Version is she was willing to work with anyone, but not to make websites that would go against her faith.
Wait. I seem to remember a similar situation with a baker in Colorado and the Left’s response being “Bake the cake, bigot.”
Both the baker and the businesswoman were subject to what might best be called coerced free speech. I take that back. The best term for this is bullshit, but you get the idea. The idea behind free speech is to allow everyone a chance to speak their minds up to the point it inspires violence (i.e. “fighting words“). Where the Left takes the, well, left turn off the freeway of free expression is when others say things they don’t like. Then, they will stop at nothing to prevent those evil mean nasty Nazi ideas from getting traction, including collaborating with Big Tech to silence them. Of course, they’ll use any excuse they can to justify it and if you disagree, you’re just dag nasty evil.
Or in the case of COVID-19 hysteria, most likely telling the truth.
This brings us back to the “bake the cake” mentality of the Left. There are segments of the Left (namely the LGBTQA+ABCDEFGOHWEOHWEOHGIRLIWANNAKNOWYOUKNOWYOU crowd) who will use the judicial system to force certain groups (namely Christians) to do what they want in some weird flex of their protected status. And until fairly recently, the courts have let them get away with it, stating a protected class’ “right” to services trumps the Christian’s right to religion.
When you’re coerced to speak under threat of judicial or regulatory reprisal, free speech is compromised to the point of being ineffectual. This is why the “bake the cake” argument is so fucked up in the first place. Although business do have the right to refuse service, it’s limited to situations where it’s not considered discriminatory. And thanks to the aforementioned Alphabet Soup Group, anything short of total subservience to their cause is discriminatory.
Not surprisingly, though, this runs smack-dab in the face of their attitudes about Twitter banning conservative users. Back then, it was okay to silence conservatives because “Twitter is a private business and can make decisions to deny someone a platform.”
Soooooo…I have a question. Why is it okay to silence conservatives because of Twitter’s status as a private business, but also okay to force private businesses to give Leftists a platform for their ideas? The short answer is it’s not because it’s hypocritical and counterintuitive to the idea of free speech. Regardless of how tasty the medium may be, you cannot force compliance one way without forcing it the other way and still be intellectually consistent.
And now, you can’t do it while being legally consistent.
Look, I get the idea behind Colorado’s anti-discrimination law. It’s how it’s being implemented that’s the issue. If you’re using it as a cudgel to attack people who don’t agree with you, it’s being used incorrectly. Laws like the anti-discrimination laws are meant to be more of a legal shield and a method to provide legal recourse should the laws be broken. Using it the way Colorado Leftists have, though, turns a law with good intentions into one with bad application, which puts it in proximity of “fighting words” in my semi-learned opinion.
Where the majority opinion in 303 Creative LLC v. Elenis diverted expectations is that it was ruled on as a free speech rather than a freedom of religion issue. But the true brilliance comes when you consider the Left’s opinion of religion in general (save for Climate Change Cultists). In arguing against religion in the public square, the Left has taken one of two approaches: demanding an all-or-none approach (except when it comes to Muslims), or demanding freedom from religion. After all, you have to account for those who don’t want religion shoved down their throats, right?
Wellllll…let’s apply this to another idea, freedom of association. As this link shows, the Supreme Court has already ruled there is a freedom from association as well as a freedom of association. In other words, the High Court has already laid the groundwork for future challenges to Colorado’s law if some plucky attorney with time to kill and a client willing to test the law would put it in motion.
Not that I’m hinting someone should do that, mind you…
Nevertheless, the 6-3 ruling (with guess who making up the minority) is going to stand for now, and the Left can’t handle it. Not only can’t they force people to do their bidding because reasons, but the arguments put forth in opposition to the ruling are…how can I put this delicately…fucking stupid. But remember, Leftists are smarter than us. Just ask them.
In this case (and, to be fair, in most cases for that matter), the Left got this one wrong, and instead of figuring out how they went wrong, they blamed the “right wing Supreme Court.” You know, like mature adults do? Yet, something tells me they aren’t going to understand the implications of their insistence people have to be forced to platform their ideas. I mean, if their ideas were so popular, wouldn’t people want to give them platforms?
303 Creative LLC v. Elenis is a victory for actual free speech and a blow to the coerced speech the Left want to make the norm. No matter how the Left tries to spin it or muddy the waters with absurd claims, this is an L for them, which is a given.
After all, you can’t spell “Leftist” without an L.