Home » News » Amicus briefs in Masterpiece Cakeshop argue free expression claim

By Ronald K. L.Collins, published on August 27, 2017

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Various images of Jack Phillips' cakes shown on his website that were included in an amicus brief for cake artists, arguing that the design and preparation of custom cakes is an artistic and expressive activity that merits protection under the First Amendment. First Amendment lawyer Robert Corn-Revere has also filed an amicus brief on behalf of the First Amendment Lawyers Association arguing that the case should be decided on free expression, not free exercise of religion claims.

Corn-Revere files Amicus Brief in Masterpiece Cakeshop


First Amendent lawyer Robert Corn-Revere (of the DC office of Davis Wright Tremaine) recently filed an amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission in support of the Petitioners’ First Amendment free speech (but not free exercise) claims. He filed the brief (joined by Ronald G. London) on behalf of the First Amendment Lawyers Association. His main arguments are:


— The First Amendment Prohibits Enforcing Anti-Discrimination Laws to Compel the Creation of Expressive Works:


A. The Parties Agree That the Colorado Anti-Discrimination Act Could Not Be Applied to Compel Speech.


B. The First Amendment Prohibits State Action Compelling the Creation of Artistic Works, Including Wedding Cakes


C. Upholding Petitioners’ Right to be Free From Compelled Expression Under the First Amendment’s Free Speech Clause Helps Avoid a Constitutional Morass


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