Alliance Defending Freedom attorneys representing a Christian photographer and blogger in New York agreed to enter a court-approved settlement after a federal district court temporarily halted state officials from compelling her to express messages inconsistent with her faith. Under the settlement terms, the court issued an order forbidding New York officials from violating Emilee Carpenter’s First Amendment rights to free speech, and requiring New York to pay $225,000 in attorneys’ fees.
Emilee Carpenter Photography v. James made its way to the U.S. Court of Appeals for the 2nd Circuit, which returned the case to the lower court in light of the U.S. Supreme Court decision in 303 Creative v. Elenis. Quoting from that Supreme Court decision, the lower court ruled in May that “it is now beyond debate” that New York’s laws “may not be ‘applied to expressive activity to compel speech.’” The court concluded that New York’s laws violated that principle by compelling Carpenter to create photographs expressing a message that contradicts her beliefs.
“Free speech is for everyone, and we’re pleased to settle this case so that Emilee can speak her views on marriage without the threat of being punished by New York,” said ADF Senior Counsel Bryan Neihart. “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe. The U.S. Constitution protects Emilee’s freedom to express her own beliefs as she continues to serve clients of all backgrounds and beliefs. New Yorkers can now enjoy the freedom to create and express themselves, a freedom that protects all Americans regardless of their views.”
Carpenter’s case is like 303 Creative, which involved graphic artist and website designer Lorie Smith. Smith challenged a Colorado law that forced her to express messages that violated her beliefs. The Supreme Court concluded that the state could not compel Smith to create content that contradicted her views on marriage. The Supreme Court reaffirmed the foundational First Amendment principle that the government may not “seek[] to force an individual to speak in ways that align with [the government’s] views but defy her conscience about a matter of major significance.”
The district court approved the consent decree on Tuesday. Raymond Dague of Dague Law serves as local counsel on behalf of Emilee Carpenter Photography.
