'We Do No Such Thing': 303 Creative v. Elenis and the Future of First Amendment Challenges to Public Accommodations Laws

27 Pages Posted: 6 Feb 2024 Last revised: 12 Feb 2024

See all articles by David Cole

David Cole

Georgetown University Law Center

Date Written: January 29, 2024

Abstract

In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.

Keywords: first amendment, free speech, supreme court, Colorado Anti-Discrimination Act, public accommodations, sexual orientation

JEL Classification: K10, K30

Suggested Citation

Cole, David D., 'We Do No Such Thing': 303 Creative v. Elenis and the Future of First Amendment Challenges to Public Accommodations Laws (January 29, 2024). Georgetown University Law Center Research Paper No. Forthcoming, Yale Law Journal Forum, Vol. 133, Pp. 499-524., (2024). Georgetown Law Faculty Publications and Other Works. 2578., Available at SSRN: https://ssrn.com/abstract=4717278

David D. Cole (Contact Author)

Georgetown University Law Center ( email )

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