Mountain States Legal Foundation is thrilled to announce a significant victory for free speech in Emilee Carpenter Photography v. James. The Second Circuit Court of Appeals has reversed the lower court’s dismissal, marking a pivotal win for Emilee Carpenter and for all who cherish constitutional rights. By overturning the lower court’s ruling, the appellate court has allowed Emilee’s claims to proceed, reaffirming her argument that New York’s law violated her First Amendment rights.
Emilee Carpenter, a professional photographer based in New York, has been capturing weddings since 2012. In 2019, she opened her own business, Emilee Carpenter Photography LLC. As a devout Christian, Emilee uses her photography to celebrate and promote her view of marriage as a union between one man and one woman. While she gladly serves customers regardless of their sexual orientation in other contexts, she chooses not to photograph same-sex weddings, adhering to her deeply held religious beliefs.
New York law, however, required Emilee to photograph same-sex weddings or face severe penalties, including fines up to $100,000, revocation of her business license, and potential jail time. This law forced her to express an idea she believed to be false, violating her First Amendment right to free speech.
Recognizing the critical importance of this case, we here at Mountain States Legal Foundation proudly filed an amicus brief with the Second Circuit in support of Emilee. We argued that compelled ideological speech is always or nearly always unconstitutional and that the state’s actions constituted viewpoint discrimination, a direct violation of the First Amendment’s Free Speech Clause. We emphasized that there is no compelling government interest that justifies forcing Emilee to express a viewpoint that contradicts her core beliefs.
The Second Circuit’s decision reaffirms that individuals should not be coerced by the state to endorse messages they fundamentally disagree with. This victory underscores the importance of protecting the freedoms that are the bedrock of our nation. If the courts allowed the government to compel ideological speech, the very concept of free speech would be undermined.
We commend Emilee Carpenter for her courage in defending her constitutional rights. Mountain States will continue to support Emilee as this case progresses through the court system and remain vigilant in defending the principles of free speech and religious liberty for all.
