Constitutional Law Expert Analyzes Free Speech in Relation to Custom Cakes

Tom Berg, a constitutional law professor at the University of St. Thomas School of Law, engaged in a discussion with World News Group regarding the intersection of custom wedding cakes and free speech. The debate arose from a case in Bakersfield, California, where a baker, Cathy Miller of Tastries Bakery, faced legal challenges over her refusal to create a custom cake for a same-sex wedding, asserting her First Amendment rights.

Miller, known for her custom-designed wedding cakes, encountered a setback when a state appeals court dismissed her argument that her artistic expression should be protected under the free speech clause of the Constitution. The court ruled against her claim, emphasizing that her reluctance to provide a “pre-designed, multipurpose white cake” did not qualify as constitutionally safeguarded expression.

In this context, Berg highlighted the complexities surrounding the case, noting that while customized websites or unique cake designs, like those of Lorie Smith and Jack Phillips, might be perceived as expressive, standard off-the-shelf products are less likely to be viewed as conveying a specific message. Berg further underscored the court’s handling of Miller’s plea based on the free exercise of religion, pointing out the implications of the 1990 precedent established in Employment Division v. Smith, which allows laws of general applicability to restrict religious practices.

The legal nuances surrounding custom cakes for specific events, especially weddings, bring to light broader discussions on individual liberties, business practices, and the boundaries of artistic freedom. The ongoing debate over whether creating custom cakes constitutes a form of protected speech raises fundamental questions about the balance between personal beliefs and anti-discrimination laws.

As the legal landscape continues to evolve in response to cases like these, constitutional law experts like Berg play a crucial role in dissecting the intricacies of free speech, religious freedom, and the rights of individuals in the context of commercial transactions. The intersection of personal convictions, artistic expression, and legal frameworks underscores the multifaceted nature of constitutional law and its implications for various aspects of public and private life.

In exploring the complexities of the legal system in relation to custom cakes, it becomes evident that the intersection of free speech, religious beliefs, and business practices is a dynamic and evolving terrain that requires careful navigation to uphold both individual rights and societal values. The ongoing dialogue spurred by cases such as Miller’s reflects the ongoing need to balance competing interests while upholding the principles of justice and equality in a diverse and ever-changing society.