The case was framed by Smith’s lawyers as one targeting messages, not people, that would impact the ability of business owners who creatively express themselves through their work to refuse to put forth certain messages, rather than discriminating against people based on their status. Smith said, for instance, she would happily serve an LGBT customer who wants graphics for an animal shelter.

This reminds of when the three strikes laws were being considered. Prosecutors promised they would never abuse such a law against non-violent offenders. We’ve seen how well that worked out.