In the eyes of the US Constitution, what constitutes "speech"?
This was an issue brought up in the oral arguments of Masterpiece Cakeshop v Colorado Civil Rights Commission, and whatever your view on that case is, I thought these questions were very interesting.
1. If someone bakes a cake, but someone else serves it at a wedding, is that speech?
2. If there's a collection of cupcakes, and one is flipped over, is that the baker's speech?
3. If there's a wedding in a fancy house with a TV showing a ballerina, whose work is speech? The ballerina, the baker, the architect, the officiant? Why?
4. Which one of them isn't speech and why?
Please don't be obscene or rude. All offenders will be banned.
Cheers
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points
If you understand speech as ''communication'' then speech is everything. According to a philosopher called Luhmann, you can never not communicate. Even when we don't communicate, we comminucate. He called it non-verbal communication. So.. according to him, all of that would be speech. But that was just his opinion of course :D |
