Cake has been getting attention lately, not because it’s delicious and should be enjoyed by all (which it is, and should be), but because it’s the subject of a controversial hearing about free speech. Specifically, whether it’s OK or not for a homophobic baker to refuse to bake a wedding cake for a gay couple. The baker in question, the Washington Post informs us, also refuses to make Halloween cakes for religious reasons:
To be compelled to do so would, he says, violate his constitutional right to speak freely. This, he says, includes the right not to be compelled to contribute his expressive cake artistry to a ceremony or occasion celebrating ideas or practices he does not condone. Well.
The First Amendment speaks of speech; its presence in a political document establishes its core purpose as the protection of speech intended for public persuasion. The amendment has, however, been rightly construed broadly to protect many expressive activities . Many, but there must be limits.