Remarkl
Jul 11, 2023

Commercial product? Does an artist who takes commissions sell a "commercial product." Can a Diego Rivera be made to paint a pro-capitalist mural?

So, if Ms. Smith had come to you and asked her to represent her - about as likely as a gay couple requesting her services - would you take her case? More important, could the state compel you to take it on the basis that declining to do so would be discrimination against Ms. Smith on the basis of her religion?

Whether Ms. Smith's intended output is a "commercial product" is what this case is about. No one denies what the law is, just how it fits these facts. Hotels, restaurants and widgets are commercial products. Stories are not. Quoting legal principles just poses the question; it does not provide the answer.

Remarkl
Remarkl

Written by Remarkl

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