alt:
"Becket takes no position on the ultimate outcome
of this litigation. Instead, it submits this brief to explain why the Court should distinguish the speech
claims at issue in these appeals from Free Speech
claims made by sincere religious speakers.
INTRODUCTION
This brief makes one point: religious speech should
not be lumped together with the speech claims at issue
in these appeals. Proper First Amendment analysis requires nuance, and this case concerns a set of commercial activities that are not religiously motivated. Given
the broad scope of NetChoice and CCIA members’
businesses, treating all of their actions as deserving
the same kinds of protections as sincere religious
speakers would weaken Free Speech rights for those
the Founders designed them for. The Court should
therefore make clear in its decision that—whoever
prevails—the kind of speech claims at issue in these
appeals are both different-in-kind from and weaker
than claims by sincere religious speakers."