Free speech is thriving in the United States, and that is largely thanks to brave Americans who stood up to challenge governmental restraints on artistic expression. Earlier this year, the U.S. Supreme Court reaffirmed that the government cannot coerce speech—it can’t force you to express things you do not believe. This was a major victory for Lorie Smith, a Colorado website designer who could not promote messages about marriage contrary to her Christian beliefs.
The win doesn’t just belong to Lorie; it belongs to all Americans, including cake artist Jack Phillips, owner of Masterpiece Cakeshop. In fact, Lorie drew inspiration from Jack’s heroic stance for speech that started over a decade ago.
Every hero has a beginning. Just like Peter Parker had great power and responsibility thrust onto him by a radioactive spider bite (fictionally, of course), Jack Phillips found himself as a modern-day hero for free speech when he was asked to promote an idea he did not believe. Jack serves all people, but there are certain messages he cannot express for anyone. One of those was a custom wedding cake celebrating a same-sex wedding. He offered to sell the two men anything in his shop or create for them a cake expressing another message, but the men refused.
That moment launched a series of legal cases that have hounded Jack for 11 years—and counting. Part one of Jack’s story started almost ten years ago, when the Colorado Civil Rights Commission misused a state law to punish Jack for his beliefs, forcing him to express a message he does not believe. Jack appealed to the Colorado Court of Appeals, but it affirmed the coercive judgment below. Then the Colorado Supreme Court declined to review Jack’s case, and Jack appealed to the U.S. Supreme Court, which on June 26, 2017, agreed to hear it.
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That same day, Jack’s shop received a phone call from a local attorney requesting a custom blue and pink cake, which the caller revealed was to celebrate and symbolize a gender transition. The attorney also called back requesting a custom cake depicting Satan smoking marijuana, admitting this was to “correct the errors of [Jack’s] thinking.” Jack politely declined both requests because while he serves all people, these cakes would have expressed messages he does not believe. Jack cannot express those messages for anyone. Like the two men before, this attorney complained to the Civil Rights Commission, alleging a violation of state law.
Meanwhile, on June 4, 2018, the U.S. Supreme Court ruled 7-2 for Jack, saying the Commission had shown “clear and impermissible hostility toward [Jack’s] religious beliefs,” allowing secular cake artists to decline to promote messages contrary to their beliefs but denying this same expressive freedom to Jack. Part one of Jack’s story was over, but part two began a few weeks later when the Commission decided to prosecute Jack again, this time for declining to create the custom cake celebrating and symbolizing a gender transition. Alliance Defending Freedom rushed to Jack’s defense again, suing in federal court to stop this unjust prosecution. And after new evidence was uncovered showing the Commission’s ongoing hostility against Jack and his faith, the Commission abandoned its prosecution and dismissed the complaint.
Not to be deterred—and refusing to appeal this dismissal as the law required—the attorney sued Jack in state court in June 2019 over the same cake request, launching a third effort to force Jack to express messages he does not believe. After a trial court ruled against Jack, punishing and compelling his speech, Alliance Defending Freedom appealed his case to the Colorado Court of Appeals, which affirmed the coercive judgment below. In October 2023, the Colorado Supreme Court agreed to hear Jack’s case, where argument is expected sometime next year.
Phew, that’s a lot of dates. The timeline is getting hard to remember. And the costs are growing. Like most artists, Jack wants to create custom art promoting messages consistent with his beliefs. He’s lost years to litigation, most of his employees, and all his wedding business. Jack has also received hate mail, harassing phone calls, and even death threats—for over a decade.
But Jack has endured all of this with a hero’s resolve and supernatural peace. He draws deep inspiration from his Christian faith, which calls on him to love God and love his neighbor. In fact, Jack keeps going in large part because he wants everyone—including those who disagree with him—to be free to express what they believe without fear of government punishment.
Last summer, the U.S. Supreme Court upheld free speech for all in 303 Creative v. Elenis. Cake artist Jack Phillips is no exception. Let’s pray the Colorado Supreme Court finally ends the cruel efforts to coerce Jack’s speech once and for all.
Jake Warner is Senior Counsel with Alliance Defending Freedom (@ADFLegal).
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