Your Perfect Assignment is Just a Click Away

Starting at $8.00 per Page

100% Original, Plagiarism Free, Customized to Your instructions!

glass
pen
clip
papers
heaphones

ECN601 Immaculata University Post Freedom of Speech Discussion

ECN601 Immaculata University Post Freedom of Speech Discussion

Question Description

Question 2

The issue of freedom of speech can be relevant in a business setting and an example of this is evident in a U. S. Supreme Court decision issued in June, 2018. This case raises questions about whether a person or company can refuse to provide goods and services to certain individuals on the basis that the refusal is an exercise of their religious beliefs that are protected by the Free Exercise Clause of the First Amendment?

Masterpiece Cakeshop, Ltd. is a Colorado bakery owned and operated by Jack Phillips. A same sex couple went to his store and tried to order a cake for their wedding celebration. Phillips told them that he would not sell them a wedding cake because of his religious opposition to same sex marriages, but that he would sell them other baked goods. The couple filed a charge with the Colorado Civil Rights Commission on the basis that Phillips violated the Colorado Anti-Discrimination Act, which prohibits discrimination based upon sexual orientation in a place of business engaged in any sales to the public. Phillips defended himself on the basis of the First Amendment because requiring him to create a cake for a same sex wedding would violate his right to free speech by compelling him to exercise his artistic talents to express a message that would violate his right to the free exercise of his religion. The Commission found that Phillips had violated the statute, and the Colorado Court of Appeals affirmed. The U.S. Supreme Court reversed and held that the Commissions’ actions in enforcing the statute violated the Free Exercise Clause of the First Amendment.

The Supreme Court case citation is Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, USSC, No. 16-111 (June 4, 2018), and you can find on the Supreme Court website at www.supremecourt.gov (Links to an external site.).

Please answer the following questions.

  1. Explain the difference between the Establishment Clause and the Free Exercise Clause of the First Amendment with respect to freedom of religion.
  2. The procedure of this case was an administrative hearing before a Colorado State Administrative Law Judge, whose decision was affirmed by the Colorado Civil Rights Commission, whose decision was affirmed by the Colorado Court of Appeals. The Colorado Supreme Court (the highest state court in Colorado) declined to hear the case. Phillips than sought review by the U.S. Supreme Court, which granted certiorari and agreed to review the case. What right did the U.S. Supreme Court (a federal court) have to hear this case arising out of an interpretation of state law?
  3. Do you believe that there is any significance to the fact that freedom of speech (including freedom of religion) in contained in the First Amendment of the ten amendments in the Bill of Rights? Do you believe that issues relating to freedom of speech should be given greater deference than other protected rights?
  4. Do you believe that the decision would have been different if the person in Phillips’ position claimed that his or her religious beliefs did not permit him or her to provide goods or services to any person who does not speak English instead of to persons who are entering a same sex marriage? Please explain.


"Place your order now for a similar assignment and have exceptional work written by our team of experts, guaranteeing you A results."

Order Solution Now

Our Service Charter


1. Professional & Expert Writers: Eminence Papers only hires the best. Our writers are specially selected and recruited, after which they undergo further training to perfect their skills for specialization purposes. Moreover, our writers are holders of masters and Ph.D. degrees. They have impressive academic records, besides being native English speakers.

2. Top Quality Papers: Our customers are always guaranteed of papers that exceed their expectations. All our writers have +5 years of experience. This implies that all papers are written by individuals who are experts in their fields. In addition, the quality team reviews all the papers before sending them to the customers.

3. Plagiarism-Free Papers: All papers provided by Eminence Papers are written from scratch. Appropriate referencing and citation of key information are followed. Plagiarism checkers are used by the Quality assurance team and our editors just to double-check that there are no instances of plagiarism.

4. Timely Delivery: Time wasted is equivalent to a failed dedication and commitment. Eminence Papers are known for the timely delivery of any pending customer orders. Customers are well informed of the progress of their papers to ensure they keep track of what the writer is providing before the final draft is sent for grading.

5. Affordable Prices: Our prices are fairly structured to fit in all groups. Any customer willing to place their assignments with us can do so at very affordable prices. In addition, our customers enjoy regular discounts and bonuses.

6. 24/7 Customer Support: At Eminence Papers, we have put in place a team of experts who answer all customer inquiries promptly. The best part is the ever-availability of the team. Customers can make inquiries anytime.