Masterpiece Cakeshop v. Colorado Civil Rights Commission, Round 2

[RoadRunner79]

What do you propose should be the test for whether the production of a product is an act of speech, and when it is not?  Or are you suggesting that all products and their sale should be protected against anti-discrimination laws.

I've been very clear about the two criteria for permissible denial of service on a 1st Amendment basis:

1) bespoke products or design services
&
2) the intended product or service and/or its use has obvious significance OR, if the significance is otherwise unclear but expressly communicated.

I agree, but would add, if participation in the event is required. The only exception may be if police attendance is required.

I also think that there is a disconnect between those talking generally about the liberties of the business owner, vs the specifics and their opinions on the specifics.

As to if the pink/ blue cake contains a message or symbol. If the baker delivered the cake, and explained that they made a mistake in making a just blue cake, so they also made a pink cake and would sell both for half price. That people would not be ok with that. If it’s just a cake without a message, then they could simply change the design, to what they both can agree on. I can also see the outrage, (I believe from many who say it’s just a cake) of the Baker is later found to be saying that he was making his own statements with two separate pink and blue cakes.