The facts of this case carry a familiar echo from the U.S. Supreme Court’s past precedents rejecting government compelled affirmation in its many forms. Too often, that Court has had to step in to halt state regulation forcing private citizens to mouth words against their conscience, which is anathema to the First Amendment. Indeed, earlier this year, the Court ruled that an attempt to use the statute at issue in this case to require a person of faith to engage in state-authorized speech contrary to her beliefs was unconstitutional. This case presents materially identical facts to that one and the Court’s holding should control here. 303 Creative LLC v. Elenis, 600 U.S. 570 (2023). In 303 Creative, the Court relied on and reaffirmed a line of cases on compelled speech that should guide this court. This precedent will be reviewed in this brief.
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