1st Amendment and Free Speech/Public Accommodation

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Question
Would someone operating a home-based business, like a wedding cake business or a wedding photography business, be bound to anti-discrimination laws since they do not have a storefront?

Answer
Hello again,

If the business is engaging in discrimination, it does not matter if it has a storefront.  Any public accommodation (which includes any business that provides products or services to the public) may not discriminate.  It does not matter if they business is a traditional store, home based, virtual, or anything else.  I am not aware of any discrimination statutes that create an exception for home based businesses.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. My specialty is in cases involving public employment or education, as well as issues related to campaign finance. I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious content. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process and engage in campaign related speech.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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