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this post was submitted on 01 Jul 2023
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Malicious Compliance
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I'm not sure about discrimination against customers based on ideology, but I'm pretty sure you can't discriminate against customers based on protected class (sex, race, orientation, etc.) What this supreme court case does (IIUC) is that companies are now allowed to not provide services to protected classes if those services constitute speech. So if you are a restaurant owner, or a hotel, you still can't refuse a gay couple, if you are a cake designer, you can't refuse to make a cake, but you can refuse to do anything remotely gay-related to that cake, if you are a web designer, you can refuse to make something altogether because the government can't restrict or compel speech (and graphic design is speech).
The problem is it is vague imo. Baking a cake could be speech to this court
Baking the cake is definitely not speech ( although I appreciate your point about this Court interpreting it that way).
However, decorating the cake could reasonably be construed as speech, especially if there is text, logos, etc in the decoration.
Gotcha, yeah I agree. I personally don't think a website designer building something for a client is either. But we live in a dystopia right now. Hope you are doing well this evening.
I think that was the majority opinion's goal, they think the line between what is speech and what isn't should be spelled out more minutely with more legal precedent rather than what we had before where all speech in relation to selling a service was regulated under anti-discrimination statutes.
Money is speech, right? Does that make the ramifications of this decision go a lot farther? I don't see how yet, but it seems like this ruling may have broad impacts when people start getting creative with it...
Bold assuming the corrupted six ever used anything close to consistency to inform their rulings.
I mean, there's one thing that's pretty consistent: they'll do whatever their wealthy backers want them to do.
I mean, they do say that "money talks" and last time I checked, talking is a form of speech.
This is a problem with the US legal system. Every decision is a precedent, no matter how specific it is.
Well, Roe v Wade set a precedent, which was then reverted ~50 years later, so I'm not sure how much precedents apply to the supreme court (it definitely applies to lower courts tho)
This is how common law everywhere that England colonized works. It’s not endemic to the US.