I am an avid fan of the Cato Institute, but in this case I must disagree with their opinion. Their position that a printer should be allowed to refuse to print messages with which they disagree, for instance on religious grounds, is misguided.
In this case a simple service provider – someone who prints messages on T-shirts – claims the right to refuse service to those with whose message they disagree. Cato likens this to the case of someone forced to display a state motto (on a license plate) with which they disagreed (Wooley v. Maynard, 1977). The idea behind Wooley v. Maynard is that the display of the message by someone could be construed as a form of support for the message; after all, how many people place bumper stickers on their cars that contain messages with which they disagree? In that case the assumption of agreement is at least possible (although improbable, given the obviously forced nature of the display).
In this case the printer has no association with the printed product other than having manufactured them per order. They are not a publisher, with whom the message might be associated upon distribution. Neither are they or their organization a part of the message, nor are they required to display the message in a manner that would associate them with it in any way. There are no reasonable free expression concerns; the message is not associated with the printer.
However, the impact of supporting such selective business practices could have wide and serious implications. I can see such a practice being used for far more sinister discrimination efforts. What if a printer in the deep south decides that the message contained in a flyer promoting the vote, aimed at minorities, is disagreeable? What if a printer decides that the person running for office has a disagreeable message; can they refuse to print campaign literature or flyers for that person? And who would decide what was objectionable, and therefor who could run for office?
There are also economic issues to consider. For instance, specialization of labor permits much higher productivity levels, which works in part because a limited number of individuals (as it turns out, exactly as many are needed – at least in a capitalist system) exist to fulfill a particular need. What would happen if those people refused to fill that need for specific individuals? Now additional people people and resources will be needed to fulfill that need, reducing the efficiency of industry and capital.
Unless the work of the vendor clearly and convincingly associates the product with the vendor, then no free speech or free expression concerns exist. A vendor who offers a simple service to the public should make the service available to all without restriction.
Sorry, Cato. On this one we must disagree.