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303 CREATIVE LLC v. ELENIS

Opinion of the Court

sought. The court acknowledged that Ms. Smith’s planned wedding websites qualify as “pure speech” protected by the First Amendment. Id., at 1176. As a result, the court reasoned, Colorado had to satisfy “strict scrutiny” before compelling speech from her that she did not wish to create. Id., at 1178. Under that standard, the court continued, the State had to show both that forcing Ms. Smith to create speech would serve a compelling governmental interest and that no less restrictive alternative exists to secure that interest. Ibid. Ultimately, a divided panel concluded that the State had carried these burdens. As the majority saw it, Colorado has a compelling interest in ensuring “equal access to publicly available goods and services,” and no option short of coercing speech from Ms. Smith can satisfy that interest because she plans to offer “unique services” that are, “by definition, unavailable elsewhere.” Id., at 1179–1180 (internal quotation marks omitted).

Chief Judge Tymkovich dissented. He observed that “ensuring access to a particular person’s” voice, expression, or artistic talent has never qualified as “a compelling state interest” under this Court’s precedents. Id., at 1203. Nor, he submitted, should courts depart from those precedents now. “Taken to its logical end,” Chief Judge Tymkovich warned, his colleagues’ approach would permit the government to “regulate the messages communicated by all artists”—a result he called “unprecedented.” Id., at 1204.

We granted certiorari to review the Tenth Circuit’s disposition. 595 U. S. ___ (2022).

II

The framers designed the Free Speech Clause of the First Amendment to protect the “freedom to think as you will and to speak as you think.” Boy Scouts of America v. Dale, 530 U. S. 640, 660–661 (2000) (internal quotation marks omitted). They did so because they saw the freedom of speech “both as an end and as a means.” Whitney v. California,