On Friday, the Supreme Court ruled in 303 Creative v. Elenis that Colorado cannot force a website designer to create messages celebrating same-sex marriages. Eugene and I joined others in an amicus brief arguing that this potential application of a state public accommodations law would be an unconstitutional speech compulsion. As Eugene has already noted, the Supreme Court agreed.
I read Justice Gorsuch's decision as broader in some respects than some may hope it is. It can't reasonably be cabined to all of its specific facts. The rationale for the vendor's message-based objection--religious or not, internally consistent or not, odious or not--does not matter. Op. at 24-25. Nor, in principle, are the speech protections the Court outlined limited to the creation of messages about same-sex marriage, marriage in general, or homosexuality.
On the other hand, the decision is also narrower in important ways than some progressives fear or some religious conservatives/libertarians may hope. I read 303 Creative to hold that a vendor cannot be compelled by the government:
