Corporate Speech in the Crosshairs: New Frontiers in First Amendment Law
For decades, the First Amendment has protected the rights of individuals, associations, and businesses to participate in public debate on matters of public concern. Yet a growing number of governments are pursuing novel legal theories that seek to impose liability for, compel, or otherwise restrict corporate speech.
This panel will examine emerging efforts to regulate corporate expression through litigation, legislation, and administrative action. For example, state and local governments across the country have brought climate-change lawsuits that rely, in large part, on companies’ speech and associations as a basis for liability, often disguised under nuisance, consumer-protection, or related theories. Other jurisdictions have been more direct. Hawaii’s Act 11 expressly targets speech of corporations, partnerships, and nonprofits on any electoral issues. And states like Texas have increasingly required businesses to convey government-prescribed messages on their products and services.
From climate litigation and compelled disclosures to mandated warnings and restrictions on corporate advocacy, panelists will explore these trends and whether they are consistent with the First Amendment and the fundamental structure and premises of a free society.
Featuring:
- Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
- Erik S. Jaffe, Partner, Schaerr Jaffe LLP
- Darpana Sheth, General Counsel, Center for Individual Rights
- Owen Yeates, Senior Attorney, Institute for Free Speech
- (Moderator) Gene Schaerr, Partner, Schaerr Jaffe LLP
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
