what constitutes artistic expression. legally, uncharted territory for courts to say, what is art and what is not. iella here, the court got it wrong when they d decided the artistry by mrs. klein in her custom handcrafted cakes was not entitled to the same type of first amendment protection that other mediums of artistry and artistic art expression. >> jason: they did have an oregon state law they were looking to, but the issue theyig will be arguing and wanting to appeal is going to be based on the first amendment issue, correct? >> the way they a got around it, going into the public doctrine thatç looks at ordinary businesses as brick-and-mortar type of operations that fallendm outside of typical first amendment freedom of expression and religious freedom protections. the court did that to get to the end result that it wanted to