Corporations Weaponizing the First Amendment: A Threat to Public Health and Climate Action

Corporations are weaponizing the First Amendment to avoid compliance with regulations they oppose, sparking a legal battle that could have far-reaching consequences. By invoking the “compelled speech” principle, these companies argue that they cannot be forced to express messages they disagree with, even if it pertains to public health and consumer protections.

This novel legal strategy has been used to challenge emissions disclosures, drug price caps, social media reforms, and other regulations. Major corporations, backed by trade groups funded by multinational companies, are leading the charge to undermine regulatory efforts.

For example, in California, a precedent-setting emissions disclosure law is being challenged by polluters who claim that disclosing their pollution levels constitutes “controversial speech.” These companies have played a role in creating the controversy around climate change, yet they seek to avoid accountability through this legal maneuver.

Similar tactics have been employed in cases involving labor violations, drug pricing, and financial transparency. The US Chamber of Commerce, heavily funded by Big Oil, has been at the forefront of these compelled speech cases.

The implications of these legal battles extend beyond climate change, with a pending Supreme Court decision potentially shaping the future of social media regulation. Tech companies argue that controlling content on their platforms is a form of editorial decision protected by the First Amendment, challenging state laws aimed at regulating their practices.

Experts warn that if courts side with corporations in these cases, it could hinder regulatory efforts and erode consumer protections. The balance between free speech and public interest is at stake, as these companies push the boundaries of what constitutes protected speech under the First Amendment.