{"id":32305,"date":"2022-12-07T16:17:03","date_gmt":"2022-12-07T21:17:03","guid":{"rendered":"https:\/\/ok-cleek.com\/blogs\/?p=32305"},"modified":"2022-12-07T16:27:29","modified_gmt":"2022-12-07T21:27:29","slug":"303-creative-v-elenis-isnt-about-lgbtq-rights-yes-it-is","status":"publish","type":"post","link":"https:\/\/ok-cleek.com\/blogs\/?p=32305","title":{"rendered":"303 Creative v. Elenis Isn\u2019t About LGBTQ Rights [yes it is]"},"content":{"rendered":"

It's insane.<\/p>\n

David French, in The Atlantic<\/a>:<\/p>\n

But though the state can demand that businesses provide goods and services to all comers without regard to race, sex, sexual orientation, and other protected categories, it cannot demand that businesses or individuals engage in speech proclaiming messages that they oppose, and, as Smith argues, designing websites is a form of speech<\/strong>.<\/p><\/blockquote>\n

Programming really isn't speech. Source code isn't written for humans. It's written for computers to tell them the steps to follow to perform tasks for humans. It's not a conversation a programmer has with another person. With the exception of teaching programmers how to write it, humans generally only read source code to make sure it's telling the computer to do the right thing; once that's sorted out, humans are generally very <\/em>happy to never look at the source code again.<\/p>\n

Note that French is agreeing that programming is speech.<\/p>\n

Then the whole thing gets worse in a couple of ways.<\/p>\n

But here\u2019s where 303 Creative gets truly strange. The Tenth Circuit Court of Appeals held that Smith was engaging in \u201cpure speech\u201d and that Colorado was compelling her speech, but it ruled for Colorado anyway. The reasoning in the majority opinion was extraordinary.<\/p>\n

\u201cThis case does not present a competitive market,\u201d the court said. \u201cRather, due to the unique nature of Appellants\u2019 services, this case is more similar to a monopoly. The product at issue is not merely \u2018custom-made wedding websites,\u2019 but rather \u2018custom-made wedding websites of the same quality and nature as those made by Appellants.\u2019 In that market, only Appellants exist.\u201d<\/p>\n

Thus, because Smith possessed a monopoly over her own services, the state had a heightened interest in ensuring access to her work.<\/p><\/blockquote>\n

A monopoly over her own services? Shouldn't the FTC step in and break her up, for the good of the marketplace? <\/p>\n

Become a monopoly! $6.48 in paperback<\/a>. Such a high barrier to entry!<\/p><\/div>\n

But French is being serious here. He approves of this nonsense. Because he is a homophobic nutbag<\/a>, his take on this is:<\/p>\n

\u201cIf rights of conscience attach to corporations worth trillions, shouldn\u2019t they also attach to a single artist whose alleged \u2018monopoly\u2019 is merely in the sweat of her own brow?\u201d<\/p><\/blockquote>\n

So the logic is:<\/p>\n

Given: programming is speech<\/em>
\nGiven: website designers are artists<\/em>
\nTherefore: web design is not a competitive market<\/strong>
\nTherefore: website designers are individual monopolists<\/strong>
\nTherefore: because large corporations can have morals [!!], these micro-monopolies should be allowed to express their<\/em> morals through discrimination<\/strong>.
\nQED.<\/p>\n

Remarkable, the lengths some people will go just to justify their unexamined fear of other people.<\/p>\n","protected":false},"excerpt":{"rendered":"

It's insane. David French, in The Atlantic: But though the state can demand that businesses provide goods and services to all comers without regard to race, sex, sexual orientation, and other protected categories, it cannot demand that businesses or individuals engage in speech proclaiming messages that they oppose, and, as Smith argues, designing websites is […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-32305","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/posts\/32305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32305"}],"version-history":[{"count":9,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/posts\/32305\/revisions"}],"predecessor-version":[{"id":32314,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=\/wp\/v2\/posts\/32305\/revisions\/32314"}],"wp:attachment":[{"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ok-cleek.com\/blogs\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}