Even if the First Amendment Doesn’t Protect Cake-Decorating as Speech, Why Bully the Bakers?

Tomorrow the Supreme Court hears the case of Masterpiece Cakeshop, whose owner, Jack Philips, declined on religious grounds to bake a cake for a gay wedding. The couple who had wanted to commission the cake reported Philips to the Colorado Civil Rights Commission, which determined he violated non-discrimination law; his lawyers claim that punishing him violates his freedom of speech. While Phillips’s case is legally unconvincing, asserts George F. Will, his accusers’ behavior is abhorrent:

A cake can be a medium for creativity; hence, in some not-too-expansive sense, it can be food for thought. However, it certainly, and primarily, is food. And the creator’s involvement with it ends when he sends it away to those who consume it. Phillips ought to lose this case. But Charlie Craig and David Mullins, [the couple] who sought his punishment, have behaved abominably.

To make his vocation compatible with his convictions and Colorado law, Phillips has stopped making wedding cakes, which was his principal pleasure and 40 percent of his business. He now has only four employees, down from ten. Craig and Mullins, who have caused him serious financial loss and emotional distress, might be feeling virtuous for having done so. But siccing the government on him was nasty.

Denver has many bakers who, not having Phillips’s scruples, would have unhesitatingly supplied the cake they desired. So, it was not necessary for Craig’s and Mullins’s satisfaction as consumers to submit Phillips to government coercion. Evidently, however, it was necessary for their satisfaction as asserters of their rights as a same-sex couple.

Phillips’s obedience to his religious convictions neither expressed animus toward them nor injured them nor seriously inconvenienced them. Their side’s sweeping victory in the struggle over gay rights has been decisive, and now less bullying and more magnanimity from the victors would be seemly.

Read more at Washington Post

More about: American law, First Amendment, Freedom of Religion, Freedom of Speech, Gay marriage, Religion & Holidays

 

How Columbia Failed Its Jewish Students

While it is commendable that administrators of several universities finally called upon police to crack down on violent and disruptive anti-Israel protests, the actions they have taken may be insufficient. At Columbia, demonstrators reestablished their encampment on the main quad after it had been cleared by the police, and the university seems reluctant to use force again. The school also decided to hold classes remotely until the end of the semester. Such moves, whatever their merits, do nothing to fix the factors that allowed campuses to become hotbeds of pro-Hamas activism in the first place. The editors of National Review examine how things go to this point:

Since the 10/7 massacre, Columbia’s Jewish students have been forced to endure routine calls for their execution. It shouldn’t have taken the slaughter, rape, and brutalization of Israeli Jews to expose chants like “Globalize the intifada” and “Death to the Zionist state” as calls for violence, but the university refused to intervene on behalf of its besieged students. When an Israeli student was beaten with a stick outside Columbia’s library, it occasioned little soul-searching from faculty. Indeed, it served only as the impetus to establish an “Anti-Semitism Task Force,” which subsequently expressed “serious concerns” about the university’s commitment to enforcing its codes of conduct against anti-Semitic violators.

But little was done. Indeed, as late as last month the school served as host to speakers who praised the 10/7 attacks and even “hijacking airplanes” as “important tactics that the Palestinian resistance have engaged in.”

The school’s lackadaisical approach created a permission structure to menace and harass Jewish students, and that’s what happened. . . . Now is the time finally to do something about this kind of harassment and associated acts of trespass and disorder. Yale did the right thing when police cleared out an encampment [on Monday]. But Columbia remains a daily reminder of what happens when freaks and haters are allowed to impose their will on campus.

Read more at National Review

More about: Anti-Semitism, Columbia University, Israel on campus