303 Creative v. Elenis (2023)

303 Creative LLC v. Elenis was a SCOTUS in the Classroom case. It was decided on June 30, 2023.

This case tackled the constitutionality of Colorado’s public accommodation law that bans denial of services to people based on their sexual orientation.

Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are usually encouraged to hold moot courts of the case. However, because this case focuses on issues involving identity, Street Law does not recommend mooting it. Instead, consider using the Classifying Arguments activity. You may also choose to conduct a Socratic Seminar exploring the question: “How should the Supreme Court weigh conflicting rights (in this case equal protection and freedom of speech) when making decisions?”

Case Issue:

Does the Colorado Anti-Discrimination Act (CADA) violate the Free Speech Clause of the First Amendment when it requires an artist to speak or stay silent?

Case Briefs:

• Brief of Petitioner: 303 Creative LLC
• Brief of Respondents: Aubrey Elenis, et al. (Colorado)

Oral Argument:

• Audio recording and transcript of the oral argument from the Supreme Court

Decision:

• Link to the opinion of the Court

News Articles and Resources:

• SCOTUSblog: “Justices will hear free-speech claim from website designer who opposes same-sex marriage.” (February 22, 2022)
• Reuters: “Supreme Court poised to issue blockbuster decision on free speech” (November 15, 2022)
• Ballotpedia: “303 Creative LLC v. Elenis“