The Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission was unexpectedly based on religious free exercise (rather than free speech) and the evidence of bias in the proceedings of the state commission. This panel will explore the opinions in Masterpiece Cakeshop and the implications of the case for the First Amendment’s religion and speech guarantees. Among the topics discussed will be the differences among the majority and concurring opinions on the free exercise and free speech issues, whether the free exercise holding will have wider reach beyond the specific facts about the Colorado commission’s handling of the case, and implications of Masterpiece Cakeshop for other cases involving freedom of speech or religion and anti-discrimination laws, such as Arlene’s Flowers Inc. v. Washington, which was remanded for consideration in light of the Masterpiece decision.

Prof. Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas, Minnesota School of Law
Prof. Gerard V. Bradley, Professor of Law, University of Notre Dame Law School
Ms. Louise Melling, Deputy Legal Director and Director of Center for Liberty, ACLU
Moderator: Hon. Andrew S. Oldham, United States Court of Appeals, Fifth Circuit