Do photographers have a First Amendment right to choose what they photogr...

DavidEBernstein at DavidEBernstein at
Thu Apr 10 09:15:31 PDT 2008

Yes, they should, normatively.  Is this a First Amendment right?  Not under 
current freedom of expression doctrine, nor under Smith for  religious freedom, 
but it should be protected under state RFRAs, as  the state has no compelling 
interest in requiring any given caterer, florist, or  anyone else to work at 
any particular wedding (though there are precedents out  there holding that 
things that I wouldn't even say are minimally important  government interests 
are constitutionally compelling for state free exercise  purposes, as in the 
Swanner case in Alaska in which the state supreme court held  that forcing a 
religious landlord to rent to an unmarried heterosexual couple  was a "compelling 
state interest.")
In a message dated 4/10/2008 12:03:41 PM Eastern Daylight Time,  
mallapollack at writes:

Ask yourself, should someone be allowed to refuse to  cater food for a 
same-sex wedding; let a same-sex wedding take place in his  restaurant, do the 
flowers for a same-sex wedding? 
Malla Pollack
Barkley  School of Law


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