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First Amendment › Free Speech › Disclosure Requirements

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

Mintz on

What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Allen Matkins

As Foretold, California's New Forced Speech Laws Are Being Challenged

Allen Matkins on

Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech...more

ArentFox Schiff

Supreme Court to Hear Challenge to Nonprofit Donor Disclosure Case

ArentFox Schiff on

Currently, charities are only required to disclose the names of their major donors to the IRS – which must keep them under seal – on federal Schedule B. The Supreme Court is set to schedule arguments in April for two...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach Murtha PLLC on

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Sheppard Mullin Richter & Hampton LLP

FARA and the First Amendment: How will the United States Calibrate its Response to Foreign Propaganda?

Sheppard Mullin Richter & Hampton LLP on

Remember how we talked about bipartisan legislation introduced in March 2017 (which seems like a million years ago) to investigate the Russian media outlet RT for spreading propaganda without registering as a foreign agent?...more

Perkins Coie

CEOs, Politics and the Law: Guidelines for a New Era in Corporate Social Speech

Perkins Coie on

In recent weeks, America’s CEOs have spoken out on social issues like never before, placing the business community firmly within the national debate. Likewise, companies are feeling internal and external pressures to...more

Seyfarth Shaw LLP

Supreme Court Says Credit Card Surcharge Ban Regulates Free Speech

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The Supreme Court in Expressions Hair Design et al. v. Schneiderman held that New York’s law prohibiting credit card surcharging (General Business Law §5 18) regulates speech, and on Wednesday asked the Second Circuit to...more

Stinson LLP

Controversial Fair Pay and Safe Workplaces Rule Partially Blocked

Stinson LLP on

On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more

Ballard Spahr LLP

Preliminary Injunction Halts Enforcement of Fair Pay and Safe Workplaces Rule

Ballard Spahr LLP on

Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August...more

CMCP - California Minority Counsel Program

Controversy on Controversy: Developments in First Amendment Doctrine Respecting Compelled Commercial Disclosures

CMCP - California Minority Counsel Program on

The First Amendment is well known as a limit on state power to restrain speech. Attempts to censor a newspaper, film, or video game, or to limit discussion in a public forum, are subject to the most exacting — and often...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Conflict Minerals Disclosure Requirement Confirmed Unconstitutional"

Skadden, Arps, Slate, Meagher & Flom LLP on

On August 18, 2015, the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision (opinion available here), confirmed its earlier decision in April 2014 by ruling that the U.S. Securities and Exchange...more

Foley & Lardner LLP

Could “Free Speech” Issues Derail the SEC’s Conflict Minerals Rule?

Foley & Lardner LLP on

Shortly after the Securities and Exchange Commission (“SEC”) adopted its conflict minerals disclosure rule in August 2012, a coalition of business interests filed suit to challenge the SEC’s rule as unduly burdensome. That...more

Foley Hoag LLP - Global Business and Human...

U.S. District Court Upholds the Conflict Minerals Rule

Foley Hoag LLP - Global Business and Human... on

On July 23, the District Court for the District of Columbia rejected a challenge to the conflict minerals rule adopted by the Securities and Exchange Commission in August 2012 and published in September 2012. Plaintiffs...more

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