The Roberts Court Has Turned the First Amendment Into a Wrecking Ball

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The First Amendment was once an indispensable tool for protecting the rights of the marginalized. This Supreme Court uses it to do the opposite.

The First Amendment was once an indispensable tool for protecting the rights of the marginalized. Throughout the 1950s and 60s, subversive artists and anti-war dissidents invoked it to neutralize state efforts to muzzle their voices. Civil rights groups and unions used it to invalidate laws enacted to criminalize protest and intimidate activists.

The Roberts Court, however, has turned that shield into a wrecking ball, using the First Amendment to take aim at the very laws that were enacted tois but the latest swing of the wrecking ball. In that case, a 6-3 majority held that a Colorado anti-discrimination law that required a conservative Christian website designer to sell a wedding website to a gay couple violated the First Amendment prohibition against “compelled speech.

 

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