Google+
Close

Bench Memos

NRO’s home for judicial news and analysis.

Important Elane Photography Cert Petition



Text  



Teed up for action at the Supreme Court’s conference tomorrow is Elane Photography’s cert petition raising a fundamental question on First Amendment speech rights: May a photographer be punished for refusing to create expressive images and albums that conflict with her beliefs?

Law professors Eugene Volokh and Dale Carpenter, who identify themselves as “supporters of same-sex marriage who also believe that photographers, singers, writers, and other creators of expression have a First Amendment right to choose which expression they want to create,” have submitted a strong amicus brief in support of Elane Photography’s petition. Volokh and Ilya Shapiro of Cato, who co-authored the brief, also had this op-ed in the Wall Street Journal earlier this week.

Let’s hope that the Court grants review and clarifies this important area of the law.



Text  


Sign up for free NRO e-mails today:

Subscribe to National Review