Do custom wedding cake designers such as Jack Phillips have a First Amendment right to refuse to create custom wedding cakes celebrating same-sex marriages? Are custom wedding cakes speech? Or merely a non-expressive product such as a hot dog or a biscuit? Suppose the client requests that the cake contain a message saying "May God Bless the marriage of Bob and Joe?"
Even if no words are inscribed on the cake, as Prof. Akil Amar argues, the cake is speech under the First Amendment if the "communication takes place through symbols that represent ideas, events, persons, places, objects, and so on."
So, are custom wedding cakes speech protected by the compelled speech doctrine?
The Cake Artists' brief in Masterpiece is very interesting Link
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