Contributions by ‘Dale Carpenter’

Although I generally support the result in 303 Creative, my aim here is neither to fully explain nor to defend the decision. That’s a project for another day. Instead, in this symposium commemorating Professor Volokh’s work, my aim is to outline the legal position he developed, which aligned with and may have influenced the decision. I’ll focus on what I believe are the most important briefs in three key cases: Elane Photography (2013), Masterpiece Cakeshop (2018), and 303 Creative (2023) itself. Collectively, I’ll refer to these as “the Volokh briefs.” While others contributed, Volokh and his First Amendment amicus clinic at UCLA took the laboring oar in conceiving the arguments, drafting the briefs, and providing citation support. Volokh was the principal mastermind and workhorse.