Includes "From Freedom to Bondage," by Herbert Spencer.

Based on the photographic evidence one might guess Bruce Jenner falls into the group of men who come to their disordered assumption through being sexually aroused by the image of themselves as women. He could have been treated for this misaligned arousal with psychotherapy and medication. Instead, he found his way to surgeons who worked him over as he wished. Others have already commented on his stereotypic caricature of women as decorative “babes” (“I look forward to wearing nail polish until it chips off,” he said to Diane Sawyer)—a view that understandably infuriates feminists—and his odd sense that only feelings, not facts, matter here.

Some essays published earlier as pamphlets

Frederick Engels, Ernest Untermann, eds.

Samuel Moore, Edward Aveling, trans.

Besides, does anyone really think vendors should always lose compelled-speech claims? Should states get to force commercial artists to paint whatever a patron requests that’s closely tied to his protected status? If a Unitarian asks for a portrait depicting her vision of heaven (as filled with everyone), should a Westboro Baptist get to make the same painter depict his vision of hell (as filled with… almost everyone)? Should an Islamophobic sect get to force Muslim caricaturists to sketch mocking images of the Prophet? Clearly not.

Kahane, trans.Foreword by Friedrich A.

If you have any doubt that a cake designed for a wedding reception signifies something (“hooray for this new marriage!”) even before words are inscribed, try imagining one with words expressing skepticism about whether the happy couple had formed a true marriage or whether this was something to celebrate. Or imagine a cake with colors and shapes that were always associated with sadness and doom. These suggestions are absurd. They show that wedding cakes, by their inherent purpose and range of imaginable designs, are understood by everyone to signify this much at least: “Hooray for this new marriage!” And I do mean everyone. If you asked 100 people whether wedding cakes are celebratory of the marriage they’re used for, 100 would say yes (unless you mentioned that you were asking for a friend named Jack Phillips).

Foreword by Bettina Bien Greaves.

Step One: The First Amendment Covers Phillips’ Artistic Product

Thus, forcing Phillips to create an artistic (hence expressive) product, made to order for a same-sex wedding, forces him to create expression whose content he rejects. That’s because a wedding cake created for this wedding says “hooray for this marriage,” with words or not; and Phillips rejects the validity of same-sex marriages.

Step Three: Coercing Phillips Serves No Compelling Interest

It’s obvious—but irrelevant—that no one would morally equate support for same-sex marriage with the vicious commitments of our imaginary cult-leader. The lurid example only dramatizes the point behind step two of this argument: A cake designed for a particular wedding isn’t just an expressive product. It affirms and celebrates an idea, and one that Phillips rejects in this case: that this particular union is to be celebrated as a marriage.

Appendix by Edward Atkinson, Introduction by Hodgson Pratt, Prefatory letter by Frédéric Passy.

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The first two points prove that by forcing Phillips to bake a same-sex wedding cake, Colorado forces him to (1) create First Amendment expression (2) carrying a message he rejects. The third proves that this coercion serves no compelling governmental interest and is therefore unconstitutional.

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In fact, gender dysphoria—the official psychiatric term for feeling oneself to be of the opposite sex—belongs in the family of similarly disordered assumptions about the body, such as anorexia nervosa and body dysmorphic disorder. Its treatment should not be directed at the body as with surgery and hormones any more than one treats obesity-fearing anorexic patients with liposuction. The treatment should strive to correct the false, problematic nature of the assumption and to resolve the psychosocial conflicts provoking it. With youngsters, this is best done in family therapy.

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The Best Argument for Jack Phillips, in Three Steps

Almost every time the Supreme Court has found compelled speech, it has ruled against the government without even stopping to ask if the compulsion was justified. Still, a plurality opinion in says that compelled speech can be justified if it’s narrowly tailored to advancing a compelling public interest (the most stringent test the Court ever applies to burdens on constitutional rights). But as I’ll show, the very opposite is true of the compelled speech at issue here. Not only does it not serve a compelling public interest; the goal it serves is one that our law has always deemed inherently illegitimate—absolutely off-limits—as a justification for any regulation of speech.