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Title : Here's the oral argument transcript in the Masterpiece Cake case.
link : Here's the oral argument transcript in the Masterpiece Cake case.

Here's the oral argument transcript in the Masterpiece Cake case.

PDF. I'll just "live-blog" my reading of it.

1. Kristen K. Waggoner, the lawyer for the cake-maker, expresses her argument concisely:

The First Amendment prohibits the government from forcing people to express messages that violate religious convictions. Yet the Commission requires Mr. Phillips to do just that, ordering him to sketch, sculpt, and hand-paint cakes that celebrate a view of marriage in violation of his religious.

And Justice Sotomayor and Justice Ginsburg both try to jump in with the first question. Ginsburg prevails and asks what if there's not special order, just an attempt to buy a cake off the shelf. Waggoner says her argument is about compelled speech, and if the cake is already made, there's no compelled speech problem.

Justice Kennedy doesn't seem to be accepting this limitation based on what happened first. The cake-maker "expressed himself" when he made the cake, so why can't he withhold the cake when he finds out his expression will be incorporated into a larger speech event that makes the cake say something he doesn't want to say? Waggoner's answer refers to "the stream of commerce," as if once the cake is made and on the shelf, the cake-maker's speaking is in the past, and the customer's acquiring the cake for the customer's purpose exerts no compulsion on the mind of the cake-maker. (I'd add that if the cake-maker wants to exert control over the expression that is a wedding cake, he'd only need to refrain from selling "pre-made" wedding cakes.)

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