Videographers Have First Amendment Right Not to Make Same-Sex

From this morning’s 2-to-1 Eighth Circuit decision in Telescope Media Group v. Lucero, written by Judge David Stras and joined by Judge Bobby Shepherd (Judge Jane Kelly dissenting in major part):

Carl and Angel Larsen wish to make wedding videos. Can Minnesota require them to produce videos of same-sex weddings, even if the message would conflict with their own beliefs? The district court concluded that it could and dismissed the Larsens’ constitutional challenge to Minnesota’s antidiscrimination law.

Because the First Amendment allows the Larsens to choose when to speak and what to say, we reverse the dismissal of two of their claims and remand with instructions to consider whether they are entitled to a preliminary injunction.

I’ll blog much more extensively about it this morning, but I thought I’d just pass along the news.

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