Corporate Weaponization of the First Amendment: How Large Entities Evade Regulations through Compelled Speech

Corporations have been using the First Amendment as a weapon to avoid compliance with regulations they do not agree with. They are relying on the compelled-speech principle in the First Amendment, which prohibits the government from forcing individuals to express opinions they do not agree with. Large corporations are using this legal strategy to challenge emissions disclosures, drug price caps, social media reforms, and other consumer and public health protections.

These companies are relying on faulty science and controversies they helped create to support their argument. They argue that these arguments limit states’ ability to take action on issues not covered by federal law, putting consumer warnings on toxic products and nutrition labels for restaurant food at risk. Experts believe that these large corporations are undermining efforts to regulate corporate behavior. They argue that these arguments limit states’ ability to take action on issues not covered by federal law, putting consumer warnings on toxic products and nutrition labels for restaurant food at risk.