Important Elane Photography Cert Petition

by Ed Whelan

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.