Wednesday round-up

At In a Crowded Theater, Erica Goldberg examines the petitioner’s free-speech arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which stems from a baker’s refusal to create a wedding cake for a same-sex couple; she concludes that the case will “turn on how much a wedding cake, designed in a custom-tailored way, is a message of acceptance versus an item in the economic marketplace.” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and David McDonald argue that “[a]lthough making cakes may not initially appear to be speech to some, it is a form of artistic expression and therefore constitutionally protected.”

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