Free speech principles are barely relevant

Abstract

Some have claimed that accommodation is mandated by free speech. In the Masterpiece Cakeshop v. Colorado case, the Supreme Court was offered an impressive array of variations on this claim. Mostly they are bad arguments. Although merchants have the right to announce their disagreement with the law, speech principles cannot resolve the controversy. Free speech could be construed to protect businesses that produce expressive media, such as (some) photographers, but it can’t intelligibly be stretched to help others with equally pressing conscience claims, such as bakers. It thus addresses the issue in a morally arbitrary way.