FREE SPEECH FOR ME, BUT NOT FOR THEE: Two very wrong perspectives on Masterpiece Cakeshop

John McGinnis:

Consider, first, Linda Greenhouse: “in my opinion, if someone wants to be able to pick and choose his customers, he should bake for his friends in his own kitchen and stop calling himself a business.” On her view, people in commerce lose all expressive rights, because on any sensible line, sometimes a baker will be able to refuse a customer because of what that customer insists must be included in the cake design.

Greenhouse’s prejudices against people in commerce are right out of the nineteenth century. There aristocrats and landed gentry looked down on people in trade, thinking that the way those with income earned from land gave them social superiority and a more capacious set of rights. Similarly, Greenhouse earns income as a journalist, and does not regard that as a low commercial activity, although it entirely depends on consumers buying media products. Nevertheless, she feels she should get a full panoply of First Amendment protections while mere artisans get none.

Someone really ought to write a book about how antidiscrimination laws are gradually eroding civil liberties.