Corporations are weaponizing the First Amendment to argue they don’t have to comply with regulations they oppose. Referencing faulty science and controversies they helped engineer, these companies have pioneered a novel legal strategy taking aim at emissions disclosures, drug price caps, social media reforms, and other consumer and public health protections.
Companies are backing their claims with the compelled-speech principle in the First Amendment, which states that the government cannot force people to say something they disagree with.
Experts say the large corporations using this strategy are undermining efforts to regulate corporate behavior. They say these arguments limit states’ ability to act on matters not covered by federal law — and threaten everything from consumer warnings on toxic products to nutrition labels for restaurant food.
