Hauser-Executive-In-Residence Speaker

Of Bakers, and Florists, and…Social Media Platforms: When May a Business Exclude People on Conscientious Grounds?

This talk considers whether, and if so when and why, businesses may refuse service to customers. For example, may a baker who objects to same-sex marriage deny a gay couple a wedding cake? May Facebook or X exclude political speech, or deplatform political speakers, because its executives disfavor the content of the speech? What is the relationship between the real-world retail sphere and the online social media environment, or between being refused service on the basis of one’s identity (e.g., being gay) versus one’s political views? Should we think that the baker case and the Facebook case should come out the same way, or are there meaningful differences between the two contexts? This talk seeks to answer these questions.

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