Public Accommodations Parlance

Authors

Grace Vedock, University of Michigan Law School

Abstract

Anxieties linger in the interstices of public accommodations law. 303 Creative LLC v. Elenis is the latest in a string of First Amendment cases that call into question the common law duties underpinning public accommodations doctrine. Many commentators have speculated about the decision’s immediate implications. But criticism of the decision is incomplete. This Note takes 303 Creative as a welcome opportunity to reevaluate basic assumptions about how property law operates in relation to constitutional norms. Beginning with the provocative assertion that no legal axiom is infallible, this Note examines permutations of public accommodations and First Amendment law as rhetorical threads in a complex web of doctrinal analysis. Though 303 Creative is good law, it is still important to isolate and analyze these threads. This Note seeks to orient future discourse about how they are—or should be—woven together.

Recommended Citation

Grace Vedock, Public Accommodations Parlance, 123 Mich. L. Rev. 79 (2024).
Available at: https://repository.law.umich.edu/mlr/vol123/iss1/4