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Anti-Discrimination Laws

This is a list of First Amendment cases involving discrimination laws and policies.


Laws and policies established to protect individuals from discrimination based on race, sex, ethnicity, age and religion can present the question of how to balance competing rights to free speech and expression while also protecting the rights of certain groups to live and work in an environment free from discrimination.

  • Masterpiece Cakeshop v.Colorado Civil Rights Commission(2018)

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) used the
First Amendment to uphold the right of the store owner to refuse to custom
design a cake for a same-sex wedding.

  • Hishon v. King & Spalding (1984)

In Hishon v. King & Spalding, 467 U.S. 69 (1984), the U.S. Supreme Court affirmed a decision by the Eleventh U.S. Circuit Court of Appeals and held that a law firm was subject to Title VII of the Civil Rights Act of 1964 in deciding whether to promote an associate to partner. Title VII prohibits discrimination

  • 303 Creative LLC v. Elenis (2023)

In 303 Creative LLC v. Elenis, 600 U.S. ___ (2023), the Supreme Court held, in a 6-3 decision, that a website designer had a First Amendment free speech right to refuse to create wedding websites for same-sex couples. This decision reversed the 10th U.S. Circuit Court of Appeals ruling in 303 Creative LLC v. Elenis,

  • Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (2015)

Samantha Elauf, center, her mother Majda Elauf, left, and P. David Lopez, General Counsel of the US Equal Employment Opportunity Commission (EEOC), leave the Supreme Court in 2015. Samantha Elauf and the EEOC were suing Abercrombie & Fitch, who had decided not to hire Elauf due to their dress policy. The Court ruled in favor

  • NetChoice v. Attorney General of Florida (11th Circuit) (2022)

The 11th Circuit Court of Appeals in 2022 upheld an injunction against a
Florida law, the “Stop Social Media Censorship Act,” saying it likely
violated the First Amendment rights of social media companies.

  • 303 Creative LLC v. Elenis (10th Circuit) (2021)

The 10th U.S. Circuit Court of Appeals upheld a Colorado
anti-discrimination law after a First Amendment challenge by a wedding
website designer who said it would force her to produce websites for
same-sex couples, which she didn’t want to do.

  • Fulton v. City of Philadelphia (2021)

The Supreme Court in Fulton v. City of Philadelphia (2021) upheld the
religious rights of Catholic Social Services, saying the agency’s refusal
to certify same-sex couples as foster families could not be the city’s
reason for ending the agency’s contract.

  • NetChoice v. Paxton (5th Circuit) (2022)

The 5th U.S. Circuit Court of Appeals in NetChoice v. Paxton upheld a Texas
law barring social media companies from censoring users based on their
viewpoints.

  • New York State Club Association, Inc. v. City of New York (1988)

New York State Club Association, Inc. v. City of New York (1988) held that
a city ordinance prohibiting discrimination in places of public
accommodation was constitutional.

  • Roberts v. United States Jaycees (1984)

Roberts v. United States Jaycees (1984) was the first Supreme Court
decision to balance the First Amendment right of association with
anti-discrimination laws.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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