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ESG and the First Amendment

31 Dec 2023 11:44 AM | Info (Administrator)

The continuing dispute between Florida Governor Ron DeSantis and the Disney Corporation spotlights the application of commercial speech protections under the First Amendment to ESG considerations. There’s an interesting history here, involving the SEC’s conflict mineral disclosure rule of about 10 years ago, which was successfully challenged on First Amendment grounds (see here). There are also three recent academic articles that provide interesting perspectives on the issues, which can be accessed through the Current Resources section of our website.

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