Christian Photographer Wins Free Speech Settlement Against New York State
Christian Artist Emilee Carpenter Secures Landmark Agreement Protecting First Amendment Rights
A Christian photographer and blogger in New York has reached a court-approved settlement with state officials, solidifying protections for her First Amendment rights to free speech.
The agreement, stemming from a lawsuit brought by Alliance Defending Freedom (ADF) attorneys on behalf of Emilee Carpenter, forbids New York officials from compelling her to create expressive messages inconsistent with her faith and requires the state to pay $225,000 in attorneys’ fees.
The case, Emilee Carpenter Photography v. James, found its way back to the federal district court after the U.S. Court of Appeals for the 2nd Circuit reconsidered it in light of the U.S. Supreme Court’s decision in 303 Creative v. Elenis.
In May, the lower court, quoting the Supreme Court, ruled that it is “beyond debate” that New York’s laws “may not be applied to expressive activity to compel speech.” The court concluded that New York’s regulations violated this principle by forcing Carpenter to create photographs expressing messages that conflicted with her religious 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 mirrors that of Lorie Smith, the graphic artist and website designer in 303 Creative, who challenged a Colorado law that compelled her to express messages violating her beliefs. The Supreme Court in that case affirmed 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 officially approved the consent decree on Tuesday. Raymond Dague of Dague Law served as local counsel for Emilee Carpenter Photography. This settlement marks a significant victory for free speech, reinforcing the right of individuals to decline to create expressive content that contradicts their deeply held beliefs.
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