US Supreme Court Protects Free Speech in Landmark Ruling
Alliance Defending Freedom
The world's largest legal organization advancing the God-given right to live and speak the truth.
You may have heard of Lorie Smith. She’s a graphic artist and web designer who loves to bring stories to life through artwork.
You may also have heard of the art studio Lorie owns—303 Creative in Denver, Colorado. That’s because Lorie has challenged a Colorado law that would force her to create designs that violate her beliefs.
With the help of Alliance Defending Freedom, Lorie filed a lawsuit to protect her freedom—and the freedom of every American—to express our beliefs without fear of government punishment. Lorie’s case,?303 Creative v. Elenis, made it all the way to the U.S. Supreme Court, which issued a landmark ruling in June 2023.
Let’s unpack what?303 Creative?is all about.
Who is Lorie Smith of 303 Creative?
Lorie Smith spent?over a decade?in the corporate design world in a variety of different roles—from marketing and advertising to graphic design and branding. But something was missing.
Lorie wanted to promote causes close to her heart, such as serving children with disabilities, celebrating the beauty of marriage, supporting veterans, and assisting overseas missions. So she went out on her own and founded?303 Creative.
A Colorado native, Lorie named her art studio “303 Creative” because “303” is the Denver area code.
She was excited to expand her portfolio to create custom websites celebrating marriage between husband and wife, but Colorado made clear she wasn’t welcome in that space. Lorie learned a state law was censoring what she wants to say and requiring her to promote messages with which she disagrees.
Lorie loves to work with everyone, including those who identify as LGBT. She decides whether she can custom-design a project based on her beliefs, the content being requested, and her own expertise.
This is because every word she writes, every graphic she designs, and every website she crafts expresses a unique message—something that must be consistent with the core of who she is.
So her decisions on whether to create custom art always turns on?what?she’s being asked to communicate and never on?who?is requesting it. And there are some messages Lorie cannot design, regardless of who asks her.
Lorie realized that Colorado was censoring her speech. So with the help of ADF attorneys—and consistent with our nation’s civil rights tradition—she challenged the unjust law to protect her freedom and the freedom of all Americans to say what we believe without fear of government punishment.
Sadly, a federal district court declined to protect Lorie’s free speech rights. Lorie then appealed to the U.S. Court of Appeals for the 10th Circuit, which issued another disappointing decision. In an unprecedented ruling, the circuit court held that the state can compel Lorie to express messages that contradict her core beliefs.
So Lorie appealed to the U.S. Supreme Court, which agreed to hear her case and heard oral argument in December 2022. And in June 2023, the High Court ruled in Lorie's favor, reaffirming that the government can't force Americans to say things they don't believe.
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Outcome
Reversing the 10th Circuit, the Supreme Court held that the government cannot force Lorie to create speech that violates her beliefs.
In his 6-3 majority opinion, Justice Neil Gorsuch wrote, “as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.”
“[T]he freedom to think and speak is among our inalienable human rights. … By allowing all views to flourish, the framers understood, we may test and improve our own thinking both as individuals and as a Nation.”
ADF CEO, President and General Counsel Kristen Waggoner explained the importance of the ruling:
“Without the freedom to speak, we shutter diverse views, meaningful debate, and the conditions for progress,” Kristen said. “Regardless of one’s beliefs, race, faith, or identity, no one should be punished by the government for saying what they believe. Political and cultural winds shift, but the First Amendment’s promise remains constant.”
“If our civil liberties are to have any meaning, people must be free to speak consistently with the very core of who they are. The Supreme Court’s ruling ensures that future generations will enjoy this most essential of freedoms.”
Case timeline
The bottom line
Free speech is for everyone. No one should be forced by the government to say something they don’t believe.
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