Thursday, June 07, 2018

George Will: "There Will Be More Wedding Cake Cases"

This is great.
   Spoiler alert: to get the full effect, I kinda think it's best to just read the whole (unusually short) thing. But if it's summarize or nothing, then read the end, below. To cut to this chase, but still avoid quoting the whole column, I skip over a lot of good stuff:
   Because attacks on freedom of speech are today ubiquitous and aggressive, its defenders understandably, but sometimes more reflexively than reflectively, support any claim that this freedom is importantly implicated, however tangentially, in this or that dispute. A danger in the cake case was that victory for the baker would make First Amendment law incoherent, even absurd: Expressive activities merit some constitutional protection, but not everything expressive is as important as speech, which America’s foundational political document protects because speech communicates ideas for public persuasion.
   Friends of the First Amendment should not be impatient for the court to embark on drawing ever-finer distinctions about which commercial transactions, by which kinds of believers, involving which kinds of ceremonies, implicate the Constitution’s free-speech and free-exercise guarantees. Taking religious advice, the court on Monday acted on the principle that “sufficient unto the day is the evil thereof,” which means: Cope with today’s ample troubles and cope with tomorrow’s when they arrive, as surely they will.
   I'm not sure to what degree I agree. But I think it's a sketch of an important point.

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