Frosted Floodgates


Second, Phillips tells us this case is about "expression." He cites cases where individuals successfully challenged laws that forced them to convey views they did not hold, such as the Jehovah's Witnesses who objected to having New Hampshire's slogan "Live Free or Die" stamped on their license plates. Yet baking a cake is not pure speech: It is at most intermingled speech and conduct. The Colorado law does not force Masterpiece Cakeshop to stamp a pro-gay slogan on its storefront. It does not force the shop to make wedding cakes at all.