Freedom of Not-Publishing Upheld in Kentucky, 2 to 1
A gay rights group approached a known Christian printer and asked him to print gay pride T-shirts. He refused. They sued him. He lost.
The case was appealed. In the appellate court, he won. Just barely.
The judge wrote:
The right of free speech does not guarantee to any person the right to use someone else's property...
In other words, the 'service' Hands On Originals offers is the promotion of messages... The 'conduct' Hands On Originals chose not to promote was pure speech.
There is no contention that Hands On Originals is a public forum in addition to a public accommodation. Nothing in the fairness ordinance prohibits Hands On Originals, a private business, from engaging in viewpoint or message censorship.
This was a major victory of freedom of speech. It means that, for now, you do not have to print something you do not believe in.
Will the case be appealed to the state's supreme court? Probably.
Here is the printer's statement.
Homosexuals are not content with toleration. They want legal control. This will mean the end of the First Amendment.
This is a war. One side or the other will win. It will be fought for at least the next generation.
