Sotomayor's point is that the court shouldn't give her an express right to withhold a product from a certain group of people, and she clearly knows that if Smith designs a certain type of website (all Biblical quotes, etc) that certain group of people will likely be repelled anyway. But that's still different than affirming someone's right to label something "expressive speech" to wiggle out of public accommodation laws. Because what's next? Are dance lessons expressive speech? Restaurants where the chef claims his food is art?