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OPINION

This Fourth of July Should Be About Fireworks, The Constitution, And The SCOTUS 303 Creative Decision

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
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AP Photo/Patrick Semansky

Friday’s U.S. Supreme Court decision in 303 Creative v. Elenis is a profound victory for inalienable rights and a humiliating defeat for Democrats, the party committed to clapping the mind in shackles and banishing unapproved thinking to their cruel Bastille. It was a decision made more apropos because of its proximity to our  247th celebration of the Fourth of July — a victory for liberty no less significant than the founding of our great nation.  

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Every liberal will have you believe their battle is about a positive right, about a sacred quality unique to personhood. But with the left, things are never as they seem. There is a kernel of truth to their lie. It is about a positive truth, an inalienable right — freedom of thought. The left always seeks to control, to impose their ideology through the power of the state.

The dissenting SCOTUS justices (Sotomayor, Kagan, and Jackson) argue that thinking must be subsumed to ideology — that a woman who seeks to create graphic designs must bend her creative powers to LGBT politics, despite the dictates of conscience. She MUST produce designs that expressly assent to and mimic the current mode of correct thinking. It’s not enough to be equitable and offer services to everyone despite color or creed. 

The left requires total approbation — the denigration and submission of personhood to politics. Why not compel a Jewish graphic designer to produce images in support of Hitler’s Nazi party? The SCOTUS dissenters are the ideological progeny of Goebbels. 

The essence of this case is not about a refusal of service, it’s about compulsion of thought.   

Does a person’s desire to express his or her sexual preference empower the state to martial its formidable coercive power and invade the precincts of the mind, criminalizing the very existence of solemnly held principle? Former president Donald Trump’s Supreme Court said no. 

The majority cited West Virginia Bd. of Ed v. Barnette wherein the state of West Virginia sought to force children to “salute the Nation’s flag and recite the Pledge of Allegiance.” A group of parents objected to this as violating certain beliefs held as Jehovah’s Witnesses. What’s so bad about having kids recite the pledge and salute the flag? Nothing. But, that’s not the real issue. The court held in Barnette that the state’s coercive power to compel the salute of the flag and recitation of the pledge was an attack on the very personhood of those students, whose minds were the true object of statist oppression. 

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“In seeking to compel students to salute the flag, and recite the pledge, the Court held, state authorities had ‘transcend[ed] constitutional limitations on their powers’ Their dictates ‘invaded the sphere of intellect and spirit which it is the purpose of the First Amendment …to reserve from all official control.’” 

Can you imagine anything more monstrous? It’s as if the state, firmly in the grip of Democrats, sought to strap you to a hospital gurney while you shiver beneath a thin smock, limbs restrained by thick leather and steel buckles. “Comply,” the gentle technicians purr while they administer the bitter rubber gag and the icy pressure of charged electrodes. Before oblivion, the sharp smell of ozone and the release of charged capacitors, feeding lightening into your head. No more bad thinking. 

Too fantastic? Electroshock therapy was and, in some cases still is, the state’s remedy for unapproved minds. And, let’s not forget we’re talking about a political party who endorses, promotes, and enforces the genital mutilation of children. A party which joyfully celebrates the genocidal practice of infanticide, euphemistically referred to as abortion. Believe me, if they had the power to accomplish the task, every politically incorrect, deadnaming, misgendering, pro-life capitalist would labor in an American Gulag until the soul gasped its last.        

This victory belongs to all of us. Our minds are our own, much to the chagrin of every petty tyrant who now bleats in opposition. Why would anyone complain about your freedom to think what you will, say what you must, and spend your precious, finite labor in the pursuit of happiness? Sounds pretty constitutional. Trump’s court agrees. 

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This is a victory for the former president, as well — every Trump appointee stood in favor of free speech. Without Gorsuch (who delivered a brilliant majority opinion), Roberts, Thomas (a national treasure), Alito, Kavanaugh, and Barrett you would live in a dark hinterland where government stooges persecuted thought with impunity. 

The decision by Trump’s SCOTUS was that critical.

The majority held, “…because the freedom to think and speak is among our inalienable rights…because the freedom of thought and speech is ‘indispensable to the discovery and spread of political truth.’ Whitney, 274 U.S., at 375…By allowing all views to flourish, the framers understood we may test and improve our own thinking both as individuals and as a Nation. For all these reasons, ‘[i]f there is any fixed star in our constitutional constellation,’ West Virginia Bd. Of Ed. v. Barnette…it is the principle that the government may not interfere with an ‘uninhibited marketplace of ideas,’ McCullen v. Coakley…”

No matter what they say, Democrats hate free speech. They thwart the progress of free economics, free thought, and create discrimination and special classes wherever they gain power. They splinter where there is unity, because in the distrust and anger they create, Democrats gain power over the mind. 

Where emotions rule the day, thought dies and with it liberty.     

As we celebrate our national independence and gather with family and friends, let’s practice what the framers of the Constitution risked and gave their lives for — some thoughtful, convivial, playful, discourse about the Constitution, the 303 Creative decision, a little politics and some religion. Everything the left doesn’t want you to think or say. 

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