Guess What? I Own a Monopoly!

 

In another convoluted ruling against a Christian refusing service to LBGTs because of religious beliefs, a three-judge panel came up with a doozy. Here’s the looney statement from the article:

[Judge] Briscoe asserted that Smith has something ‘similar to a monopoly’ over her own creative talents.

In other words, web designers, cake bakers, artists, etc., have a monopoly on their own talents, thus any creative person must provide the good or service because it cannot be obtained anywhere else.

No doubt the case will go before the full panel. In fact, almost all controversial cases end up going before the full panel, which makes me question why we even bother with three-judge panels.

Published in Politics
This post was promoted to the Main Feed by a Ricochet Editor at the recommendation of Ricochet members. Like this post? Want to comment? Join Ricochet’s community of conservatives and be part of the conversation. Join Ricochet for Free.

There are 49 comments.

Become a member to join the conversation. Or sign in if you're already a member.
  1. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    In our area there is significant Black entrepreneurial activity. There are dozens of HR consulting and training outfits eagerly seeking contracts with colleges, K-12 school districts, and companies.  

    • #31
  2. Stad Coolidge
    Stad
    @Stad

    Dotorimuk (View Comment):
    Steven Crowder tried the cake bit with some Muslims:

    Excellent!  Now, all we need are some activists to do the same thing, and sue . . .

    • #32
  3. Stad Coolidge
    Stad
    @Stad

    DaveSchmidt (View Comment):

    Stad (View Comment):

    DrewInWisconsin, Oaf (View Comment):
    I’m not sure why an independent contractor can’t decide on her own clients?

    What irks me is that there are no cases involving a Klansman asking a black baker to make a KKK wedding cake, or Muslims asking a Jewish web designer for a “Death To Israel!” web site. Better yet, how about a Democrat baker being forced to bake a “Biden Lost-Trump Won” cake? So far, all of these test cases are one-sided.

    Even if religion isn’t involved, there’s the matter of good taste vs. poor taste. Most bakers probably wouldn’t bake something with cuss words on it, or that contains obscene imagery.

    Regardless, the idea that a single creative person is a self-contained monopoly is absurb. In theory, I could force Kanye West to write “Stad rap” songs against his will . . .

    Would Kanye to have perform the Stad rap too?

    Of course.  I will force him to do it because I ain’t got no rhythm . . .

    • #33
  4. Stad Coolidge
    Stad
    @Stad

    Rightfromthestart (View Comment):

    Stad (View Comment):

    Rodin (View Comment):

    A court is siding with compelled speech. Interesting and scary. The logic applies to everyone.

    I know. I can force a particular individual to provide a service for me because he is a unique person . . .

    Sounds like slavery.

    Exactly!

    • #34
  5. Stad Coolidge
    Stad
    @Stad

    Randy Weivoda (View Comment):

    Flicker (View Comment):
    So does this mean that a sculptor could be compelled to create a 10-foot phallus in granite if asked to do so? Could a lawyer or a political consultant be required to take on clients that he doesn’t want to take on? Would a law firm be required to take on a civil action that it doesn’t want to represent?

    How about a movie that glamorizes Donald Trump?

    And we force Alec Baldwin to play Trump!

    • #35
  6. Stad Coolidge
    Stad
    @Stad

    Flicker (View Comment):
    You can’t make an actor work for you.

    According to the ruling, you can.  Meryl Streep must play the role I wrote for her because she has a monopoly on her talent . . .

    • #36
  7. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    If this stands, @garyrobbins could be forced to represent Trump !

    And professional ethics would bar him from maligning his client.

    Mwah-ha-ha-ha!

    • #37
  8. Joker Member
    Joker
    @Joker

    Thanks for clearing that up, Rodin.

    This feels like an attack on the capitalist system which requires an arms-length (not compelled) agreement between two parties consisting of offer, acceptance, delivery and payment. This mechanism sets prices, generally, which is the genius of the system. It’s possible that Masterpiece Bakery would’ve accepted the gay cake gig for a couple of million dollars, but not at his normal price. This would send the normal customer to another baker. The customer’s offer overrules all in the ruling.

    Why limit Alex Baldwin’s ability to refuse a role portraying Trump in a favorable light. How about if I want to hire him to paint my house because of his unique skill set? He’s offering his services, after all.

    • #38
  9. Instugator Thatcher
    Instugator
    @Instugator

    Joker (View Comment):
    Why limit Alex Baldwin’s ability to refuse a role portraying Trump in a favorable light. How about if I want to hire him to paint my house because of his unique skill set? He’s offering his services, after all.

    I want to hire him to paint my house while acting like Donald Trump. Let him complain about my color choices and working conditions.

    • #39
  10. Flicker Coolidge
    Flicker
    @Flicker

    Phil Turmel (View Comment):

    If this stands, @ garyrobbins could be forced to represent Trump !

    And professional ethics would bar him from maligning his client.

    Mwah-ha-ha-ha!

    But he would deliberately decline to represent Trump in a competent manner,  So Trump is best to pass on his assistance.

    • #40
  11. Flicker Coolidge
    Flicker
    @Flicker

    Joker (View Comment):

    Thanks for clearing that up, Rodin.

    This feels like an attack on the capitalist system which requires an arms-length (not compelled) agreement between two parties consisting of offer, acceptance, delivery and payment. This mechanism sets prices, generally, which is the genius of the system. It’s possible that Masterpiece Bakery would’ve accepted the gay cake gig for a couple of million dollars, but not at his normal price. This would send the normal customer to another baker. The customer’s offer overrules all in the ruling.

    Why limit Alex Baldwin’s ability to refuse a role portraying Trump in a favorable light. How about if I want to hire him to paint my house because of his unique skill set? He’s offering his services, after all.

    I would argue that it does take additional creativity and significantly more mental energy to create a gay cake.

    • #41
  12. Instugator Thatcher
    Instugator
    @Instugator

    Flicker (View Comment):
    I would argue that it does take additional creativity and significantly more mental energy to create a gay cake.

    Yeah, inserting the candle into the space between the layers is difficult. Writing “Armageddon” on the top in a way that blinks when the candle is inserted is especially hard.

    • #42
  13. Flicker Coolidge
    Flicker
    @Flicker

    Instugator (View Comment):

    Flicker (View Comment):
    I would argue that it does take additional creativity and significantly more mental energy to create a gay cake.

    Yeah, inserting the candle into the space between the layers is difficult. Writing “Armageddon” on the top in a way that blinks when the candle is inserted is especially hard.

    No, I mean just the creativity involved.  It’s worth a million.

    • #43
  14. Instugator Thatcher
    Instugator
    @Instugator

    Flicker (View Comment):

    Instugator (View Comment):

    Flicker (View Comment):
    I would argue that it does take additional creativity and significantly more mental energy to create a gay cake.

    Yeah, inserting the candle into the space between the layers is difficult. Writing “Armageddon” on the top in a way that blinks when the candle is inserted is especially hard.

    No, I mean just the creativity involved. It’s worth a million.

    Only at a gay cake shop. Which is why they insist Jack Philips bake it for them. His prices are significantly cheaper.

    • #44
  15. Stad Coolidge
    Stad
    @Stad

    Phil Turmel (View Comment):

    If this stands, @ garyrobbins could be forced to represent Trump !

    And professional ethics would bar him from maligning his client.

    Mwah-ha-ha-ha!

    You are evil . . .

    (I like your thinking!)

    • #45
  16. Architectus Coolidge
    Architectus
    @Architectus

    Stad (View Comment):

    DrewInWisconsin, Oaf (View Comment):
    I’m not sure why an independent contractor can’t decide on her own clients?

    What irks me is that there are no cases involving a Klansman asking a black baker to make a KKK wedding cake, or Muslims asking a Jewish web designer for a “Death To Israel!” web site. Better yet, how about a Democrat baker being forced to bake a “Biden Lost-Trump Won” cake? So far, all of these test cases are one-sided.

    Even if religion isn’t involved, there’s the matter of good taste vs. poor taste. Most bakers probably wouldn’t bake something with cuss words on it, or that contains obscene imagery.

    Regardless, the idea that a single creative person is a self-contained monopoly is absurb. In theory, I could force Kanye West to write “Stad rap” songs against his will . . .

    How about a  patron demanding real bacon at a restaurant owned and operated by Muslims, and catering to their Islamic community.  Serve it, or you are a hater and some type of -phobe! 

    • #46
  17. Architectus Coolidge
    Architectus
    @Architectus

    So, it now appears that I myself am a monopoly of sorts, so I anticipate federal action soon to break me up.  May they display the wisdom of Solomon as they attempt this… 

    • #47
  18. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    What a terrible, terrible, terrible opinion out of the 10th Circuit!  There is a good discussion of it, and the need for the Supreme Court to revisit and expand its Masterpiece Cakeshop v. Colorado opinion at the Advisory Opinions Podcast at The Dispatch.  

    • #48
  19. Instugator Thatcher
    Instugator
    @Instugator

    Gary Robbins (View Comment):
    There is a good discussion of it, and the need for the Supreme Court to revisit and expand its Masterpiece Cakeshop v. Colorado opinion at the Advisory Opinions Podcast at The Dispatch. 

    Wow. Too bad I won’t give The Dispatch the web traffic. I am certain there is better analysis somewhere else on the internet. Maybe at a place that one joins for the price of a cup of coffee?

    • #49
Become a member to join the conversation. Or sign in if you're already a member.