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303 Creative LLC v. Elenis Answer Key


  1. What does “freedom of speech” mean to you? 
    1. Answers may vary. Students should note that freedom of speech involves the ability to express opinions without government suppression. 
  2. In your own words, what does the Colorado Antidiscrimination Act (CADA) state? 
    1. CADA states that businesses cannot refuse service to individuals because of certain characteristics like race and sexual orientation, or advertise that it will not serve individuals of those characteristics. 
  3. How did the Tenth Circuit Court of Appeals rule on this case? Explain the court’s reasoning.  
    1. The Court of Appeals ruled that CADA was constitutional because it was not vague or overbearing. 
  4. There is often a focus on the political end results of Supreme Court decisions, without considering the validity of the actual constitutional reasoning of the Justices. Do you believe that CADA violates Smith’s freedom of speech? Why or why not?  
    1. Answers may vary. Students should use constitutional arguments to defend their answers.