Legal experts have mixed opinions, but most of them say that the answer, at least for the majority of businesses, is no – at least for now.
Justice Neil Gorsuch, who wrote the majority opinion, noted repeatedly that the case, 303 Creative LLC v. Elenis, centered on a very specific type of speech. The website designer’s business provided “expressive,” individualized services and involved “pure speech,” meaning literal written words. However, many businesses provide expressive services, legal experts said.
And even though Friday’s decision was narrow, some experts said it could be expanded in coming years to slowly chip away at nondiscrimination laws that prevent businesses from discriminating against people based on their race, religion, sexual orientation, gender identity, age or any other protected class they might fall into.
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