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  1. #1
    Senior Member bob williams's Avatar
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    Quote Originally Posted by thekingb View Post
    Your analysis is correct only once a business is found to be a public accommodation. While similar, public accommodation discrimination laws are not the same as employment discrimination laws.The case you shared with us is strictly a public accommodation case.
    King, You are correct, I was just trying to bring to light the "protected class" idea.

    If anyone is looking to do some more reading on this case, I found this:
    Just Shoot Me: Public Accommodation Anti-Discrimination Laws Take Aim at First Amendment Freedom of Speech

    Its a nice look at this very case published in the Vanderbilt law review---Good stuff.
    Bob

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    Quote Originally Posted by bob williams View Post
    King, You are correct, I was just trying to bring to light the "protected class" idea.

    If anyone is looking to do some more reading on this case, I found this:
    Just Shoot Me: Public Accommodation Anti-Discrimination Laws Take Aim at First Amendment Freedom of Speech

    Its a nice look at this very case published in the Vanderbilt law review---Good stuff.
    I like their angle of photography being an expressive, artistic, medium and how prosecution for her refusal to convey something about the ceremony she doesn't believe in is a denial of her first amendment rights. I see undeniable logic there, and maybe that's how the industry will be saved.

    "by being told that she must use the expressive art of
    photography to communicate a particular message about same-sex
    commitment ceremonies—was compelled to express a viewpoint she
    disagreed with, in violation of her First Amendment free speech rights."

    I only really had time to get through the first page, but thanks for posting that Bob. I'm definitely going to go through all of that.

    Edit: I just read the next sentence. Never mind. Bah! So, my question:

    How is there a line drawn between discrimination and the first amendment? Wouldn't discrimination be encompassed in "freedom of speech"? I suppose this is where public accommodation fits into this case? I guess I really should just read the rest before posting any more opinions about the matter.
    Last edited by Rocco; 06-07-2012 at 01:34 PM. Reason: back peddling and a size 12 foot in the mouth

  3. #3
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    Quote Originally Posted by bob williams View Post
    King, You are correct, I was just trying to bring to light the "protected class" idea.

    If anyone is looking to do some more reading on this case, I found this:
    Just Shoot Me: Public Accommodation Anti-Discrimination Laws Take Aim at First Amendment Freedom of Speech

    Its a nice look at this very case published in the Vanderbilt law review---Good stuff.
    Thanks Bob! I was curious to read more about this and the first few pages(and conclusion) are promising and understandable enough if you aren't familiar with all the professional terms

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