303 Creative and Other Key Cases From SCOTUS’s 2022-23 Term

In a 6-3 ruling at the end of the 2022-23 term, the Supreme Court handed down a major First Amendment decision about the intersection of free expression rights and anti-discrimination laws in 303 Creative v. Elenis. The Court held that Colorado could not force a website designer to design a site and create expressive designs that she disagreed with, which included creating a website for same-sex marriages. In this episode, host Jeffrey Rosen is joined by ACLU National Legal Director David Cole and New York Times opinion columnist David French to break down the 303 Creative decision, as well as review the 2022-23 term as a whole, other key decisions from this past year, and where the Court is headed next.  

Resources: 

303 Creative LLC v. Elenis (2023)  

ACLU (David Cole as Counsel of Record), “Brief for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Colorado in Support of Respondents”, 303 Creative LLC v. Elenis 

David Cole, “The Supreme Court Picks its Battles” The New York Review (July 4, 2023) 

David Cole, ACLU, “Supreme Court Term in Review: Reconciling Our Losses and Wins” July 6, 2023 

David French, “Brief of 15 Family Policy Organizations as Amici Curiae in Support of Petitioners”, 303 Creative LCC v. Elenis 

David French, The New York Times “How Christians and Drag Queens Are Defending the First Amendment” (June 30, 2023) 

David French, “Harvard Undermined Itself on Affirmative Action,” New York Times (June 29, 2023) 

David French, “The Supreme Court Just Helped Save American Democracy from Trumpism,” New York Times (June 27, 2023) 

Questions or comments about the show? Email us at [email protected]. 

Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. 

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.