The lower courts applied the strict scrutiny test on CADA- the highest standard of judicial review to evaluate the constitutionality of governmental discrimination- and sided with Colorado, holding that CADA was both correctly applied to Smith’s business and was constitutional.
However, Smith’s lawyers argued that by upholding CADA, the lower court was effectively “forcing” her to convey messages that violated her First Amendment rights and also restricting her from explaining her faith to the public. Hence, she appealed to the Supreme Court.
Three questions were presented before the Court, out of which the writ of certiorari to granted to one, namely, whether the application of public accommodation laws like CADA that compel artists to speak or stay silent, violates the free speech clause of the First Amendment.
The bare text of the free speech clause in the First Amendment reads: “Congress shall make no law…abridging the freedom of speech.”
Source: Barandbench
