Who Cares Whether Cake-Baking Is “Expressive”? The Doctrinal Costs of Focusing on Private Burdens Rather Than Governmental Purpose

In their focus on the creative artistry of wedding cakes, the briefs that are now piling up in Masterpiece Cakeshop read more like an episode of Cake Boss rather than a typical SCOTUS argument. Many focus on a question that, I shall suggest after the jump, ought to be legally irrelevant — whether baking a wedding cake is sufficiently “expressive” to qualify as “speech” the compulsion of which violates Wooley v. Maynard’s “forced speech” doctrine.

Source: Who Cares Whether Cake-Baking Is “Expressive”? The Doctrinal Costs of Focusing on Private Burdens Rather Than Governmental Purpose

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