T-Form wrote:Besides, there's no "forcing" others to say things - since you're keen on the free market, consider this interpretation: People make an offer to the market to say things at a certain cost, and they're obligated to keep that promise when a participant in the market agrees to use that service.
They can just limit their offer to be "...subject to terms and conditions, such as no racist or hateful symbols".
Malice wrote:Not really, no. You can't just will yourself into believing something different.
Racists also have sincere beliefs that can't easily be changed. Does that make it acceptable? Socially, hopefully not. But legally you can't punish someone for their thoughts, as long as their actions remain within the law.
Malice wrote:1) Are you suggesting that putting icing on a cake constitutes "speech"?
In Texas v. Johnson
the US supreme court ruled that burning the American flag was free speech and protected under the first amendment. IANAL, but this seems to indicate a broad interpretation of free speech which extends to the protection of freedom of expression in general.
Malice wrote:2) Again: how can you have the right to refuse any job due to its content if, in some situations, that content is solely requested by a particular protected group? If I refuse to draw dreidels, am I not discriminating against Jews, because only Jews will ask for that?
Yes, it would be discrimination, but not all forms of discrimination can be legislated against. A racist can choose never to buy products from a store owned by <insert ethnicity here> and as far as I know there's nothing the law can do about it. Refusing to place a common religious symbol on a cake would hopefully lead to a social backlash, but not a legal one.
If a law forced people to provide cakes with anything on, believe me it would be twisted to create unpleasant situations, even if it were limited to religious symbols. The swastika was (and still is) a holy Hindu symbol despite the Nazis' co-opting it. Selling a cake to a Hindu, with a swastika on it next to an aum symbol, would be very different to selling a cake with a Nazi flag design to a neo-Nazi. I think it would be better if subtle decisions of that nature were left to the store owner, with society as witness, than if they were left to the often clumsy arm of the law.