What a fascinating case! Why exactly is this a free speech issue? You’re designing a website. I don’t know if the judicial branch is aware, but whoever designed the website never really gets any credit for it or is associated with the website anyhow, save for a logo at the bottom. Thus, I can’t imagine how designing a website for someone would be even remotely with in the realm of forced speech. Unless work is speech, in which case, oh me oh my, any striker just got the most powerful weapon of all time to add to their political arsenal: free speech!
Now, to contradict my own hubris, there might be the logo of the website designer at the bottom, but if you’re really so scared of your conservative clientele refusing to use your services because they saw your logo on the website advertising a gay wedding, just remove any visible trace of your company from the website and build it like they asked.
There are so many dimensions to this problem, I wish I could discuss it in class with you again, Dr. Bennett!
I'm sure there are plenty of business owners and web designers who would take this approach. And yes, the implications for work-as-speech definitely go further than the details of this individual case! But in general, the argument that a business owner could be required to produce a message with which she fundamentally disagrees or face penalties from the government? That's the crux of the compelled speech argument.
I miss our exchanges, Samuel -- they'll most evidently be noticed next semester, in Law, Courts, and Politics!
What a fascinating case! Why exactly is this a free speech issue? You’re designing a website. I don’t know if the judicial branch is aware, but whoever designed the website never really gets any credit for it or is associated with the website anyhow, save for a logo at the bottom. Thus, I can’t imagine how designing a website for someone would be even remotely with in the realm of forced speech. Unless work is speech, in which case, oh me oh my, any striker just got the most powerful weapon of all time to add to their political arsenal: free speech!
Now, to contradict my own hubris, there might be the logo of the website designer at the bottom, but if you’re really so scared of your conservative clientele refusing to use your services because they saw your logo on the website advertising a gay wedding, just remove any visible trace of your company from the website and build it like they asked.
There are so many dimensions to this problem, I wish I could discuss it in class with you again, Dr. Bennett!
I'm sure there are plenty of business owners and web designers who would take this approach. And yes, the implications for work-as-speech definitely go further than the details of this individual case! But in general, the argument that a business owner could be required to produce a message with which she fundamentally disagrees or face penalties from the government? That's the crux of the compelled speech argument.
I miss our exchanges, Samuel -- they'll most evidently be noticed next semester, in Law, Courts, and Politics!