US Supreme Court protects free speech for all

The following is a press release from Alliance Defending Freedom.

Friday, Jun 30, 2023

WASHINGTON – In a landmark decision Friday, the U.S. Supreme Court upheld free speech for all Americans in 303 Creative v. Elenis, stating, “as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.” Alliance Defending Freedom attorneys represent Denver-area graphic artist and website designer Lorie Smith and her studio, 303 Creative, whom Colorado has censored for nearly seven years.

“The U.S. Supreme Court rightly reaffirmed that the government can’t force Americans to say things they don’t believe. The court reiterated that it’s unconstitutional for the state to eliminate from the public square ideas it dislikes, including the belief that marriage is the union of husband and wife,” said ADF CEO, President, and General Counsel Kristen Waggoner, who argued before the Supreme Court on behalf of Lorie and 303 Creative. “Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it. Lorie works with everyone, including clients who identify as LGBT. As the court highlighted, her decisions to create speech always turn on what message is requested, never on who requests it. The ruling makes clear that nondiscrimination laws remain firmly in place, and that the government has never needed to compel speech to ensure access to goods and services.”

“This is a win for all Americans,” Waggoner added. “The government should no more censor Lorie for speaking consistent with her beliefs about marriage than it should punish an LGBT graphic designer for declining to criticize same-sex marriage. If we desire freedom for ourselves, we must defend it for others.”

ADF attorneys sued Colorado in 2016 on Smith’s behalf for misusing state law to violate the U.S. Constitution. They argued that a Supreme Court decision for Smith would benefit all Americans, regardless of their beliefs, and help end nearly two decades of unconstitutional government coercion against artists. In New Mexico, photographer Elaine Huguenin is out of business; in Washington, floral artist Barronelle Stutzman was forced to retire; in New York, photographer and blogger Emilee Carpenter faces six figure fines and even jail; and in Colorado, the state has used the very law at issue in this case to punish cake artist Jack Phillips, who is enduring his third lawsuit after more than a decade of litigation.

In its decision reversing the U.S. Court of Appeals for the 10th Circuit, the Supreme Court made clear that the government can’t force Smith to create speech that violates her beliefs just as it cannot force a pro-abortion filmmaker to make a documentary supporting the pro-life movement, a lesbian artist to draw illustrations for a Christian book on marriage, or a Democrat publicist to pen Republican talking points.

“[T]he freedom to think and speak is among our inalienable human rights… By allowing all views to flourish, the framers understood, we may test and improve our own thinking both as individuals and as a Nation,” the Supreme Court wrote in its opinion.

“I’m incredibly grateful for the U.S. Supreme Court’s ruling, which says I am free to create art consistent with my beliefs without fear of Colorado punishing me,” said Smith. “This is a victory not just for me but for all Americans across our great country—for those who share my beliefs and for those who hold different beliefs. Whether you’re an LGBT graphic designer, a Jewish calligrapher, an Atheist speechwriter, or a pro-life photographer, the government shouldn’t force any of us to say something we don’t believe. I love people and work with everyone, including those who identify as LGBT. For me, it’s always about what message is requested, never the person requesting. I hope that, regardless of what people think of me or my beliefs, everyone will celebrate that the court upheld the right for each of us to speak freely.”

The Supreme Court’s decision also reaffirms the government’s ability to protect people’s access to basic goods and services. Public-accommodation laws will continue to ensure people have access to goods and services. The ruling affirms America’s commitment to free speech, which has helped advance some of its most significant progress—from abolishing slavery and securing women’s right to vote to passing the 1964 Civil Rights Act. Each of these movements flourished because America refused to coerce or silence speech.

“Without the freedom to speak, we shutter diverse views, meaningful debate, and the conditions for progress,” Waggoner explained. “Regardless of one’s beliefs, race, faith, or identity, no one should be punished by the government for saying what they believe. Political and cultural winds shift, but the First Amendment’s promise remains constant. If our civil liberties are to have any meaning, people must be free to speak consistently with the very core of who they are. The Supreme Court’s ruling ensures that future generations will enjoy this most essential of freedoms.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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Christian Prosecuted in an Arkansas Court for Preaching

The following is a press release from the National Association of Christian Lawmakers.

Batesville, Arkansas, June 14, 2023. –Jeremy Anders is a man who has overcome significant challenges and holds great love in his heart. He endured malicious bullying during his childhood and teenage years and sought support and relief from inappropriate sources. As a young adult, he found himself battling addiction and living a LGBTQ lifestyle.

However, Mr. Anders experienced a life-changing transformation when he surrendered his life to the Lord in the Spring of 2010. Through divine intervention, he was delivered from that lifestyle. In 2013, he dedicated himself to the ministry of preaching, starting with a nursing home ministry. In 2015, he felt a calling to reach out to those still trapped in the LGBTQ lifestyle, utilizing Facebook and street preaching as platforms to spread his message. Since then, he has faithfully carried out this ministry.

On June 5, 2022, while driving through Batesville with his mother, Mr. Anders felt compelled to preach on a public sidewalk in downtown Batesville, in front of a closed establishment. During his preaching, he was confronted by an individual who threatened to involve the police if he did not stop. Despite asserting his rights, Mr. Anders was approached later that evening by two officers who warned him against returning  to the same sidewalk location, citing potential charges of harassment and criminal trespass. Despite continuing his ministry while avoiding  confrontations, Mr. Anders was unexpectedly arrested for  harassment on April 20, 2023, during his routine commute to work. He spent over 24 hours in jail solely for preaching.

Mr. Anders’ trial took place in Batesville District Court on Wednesday, June 14th. Bob Ballinger, the Director of Law and Policy for the National Association of Christian Lawmakers (NACL), appeared as Mr. Anders’ defense counsel in court. The objective was to protect Mr. Anders’ individual rights and safeguard the right to preach and speak on sidewalks in Arkansas for all citizens. The judge has yet to rule on Mr. Anders’ guilt or innocence. He has requested the attorneys to submit briefs to him for consideration prior to issuing his final order.

Ballinger, renowned for his advocacy on religious liberty and First Amendment issues during his time as a legislator, expressed his deep concerns regarding the incident. He stated, “This case represents one of the most egregious violations of the First Amendment I have witnessed in Arkansas. Our Constitution upholds religious expression through the Free Exercise and Free Speech Clauses, and our state’s religious freedom protections necessitate strict scrutiny whenever governmental actions impede religious expression.”

He further emphasized, “The Supreme Court, in Curtis Pub. Co. v. Butts, declared that the ‘dissemination of the individual’s opinions on matters of public interest’ is an ‘unalienable right that governments are instituted to secure,’ as articulated in the Declaration of Independence. Governments that fail to protect such rights are not fulfilling their purpose.”

Former Senator Jason Rapert, Founder and President of NACL, expressed his views on the matter, saying, “Freedom of religion, freedom of speech, and the right to peacefully assemble are all enshrined in the First Amendment of the U.S. Constitution for an important reason – they are critical freedoms in our constitutional republic. Our founding fathers placed them at the top of the Bill of Rights because they wanted these rights to be protected for every individual. Mr. Anders was peacefully standing on a public sidewalk exercising his freedom of religion, freedom of speech, and his right to peacefully assemble in Batesville, Arkansas. He was preaching the Word of God. He should never have been arrested, and I am appalled that he was prosecuted for preaching in the state of Arkansas.”

When asked about his ministry, Mr. Anders summarized, “To put it simply, Jesus Christ can liberate you from the sins and bondage of homosexuality, and if the Son shall make you free, you shall be free indeed.” He further expressed his unwavering commitment to his faith and that he hopes that his case will set a precedent for the protection of religious expression in public spaces for others.

Freedom From Religion Foundation Chastises Crawford County Sheriff Over Inmate Baptisms

The Wisconsin-based Freedom From Religion Foundation has sent a complaint to the Crawford County Sheriff’s Office over baptisms that recently occurred at the county’s correctional facility.

In a press release, the atheist organization wrote,

FFRF has been alerted that the Sheriff’s Office recently hosted a baptism for inmates in partnership with Kibler Baptist Church. It then promoted the government-sponsored religious activity and its preference for Christianity on Facebook, celebrating how “38 incarcerated men and women accepted Jesus Christ behind bars.”

Following the complaint, 40/29 News reported that the baptism was organized by jail chaplains who minister to inmates inside the detention center and that it was inmates who made the request. A sheriff’s deputy said The Facebook post was taken down to remove any confusion.

This isn’t the first time the Freedom From Religion Foundation has been active in Arkansas.

Last fall the atheist group issued a statement celebrating the defeat of religious freedom amendment Issue 3, which narrowly failed at the ballot box in Arkansas.

The Freedom From Religion Foundation has opposed public prayer at meetings and gatherings in Arkansas, and has filed a lawsuit to have a monument of the Ten Commandments removed from the Arkansas Capitol grounds.

In 2017 the group demanded that Governor Hutchinson stop sharing Bible verses on his Facebook page.

In 2016 the foundation went after Washington County election officials for using churches as polling places.

The Freedom From Religion Foundation has even complained about the fact that that Arkansas’ public school students can study the Bible academically — even though it is one of the oldest texts in existence and has had a profound influence on human history.

It’s worth noting that across the board, groups like the Freedom From Religion Foundation tend to threaten lawsuits. If people stand their ground, these organizations rarely follow through by filing a lawsuit.

Religious freedom is a fundamental right in America, and groups like the Freedom From Religion Foundation infringe that liberty when they work to purge the free exercise of religion from public life.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.