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ProSense

(116,464 posts)
Tue Apr 15, 2014, 12:22 PM Apr 2014

U.S. appeals court finds conflict-minerals rule violates free speech

U.S. appeals court finds conflict-minerals rule violates free speech

By Sarah N. Lynch and Lawrence Hurley

(Reuters) - A U.S. appeals court on Monday struck down parts of a regulation that forces public companies to disclose if their products contain "conflict minerals" from a war-torn part of Africa, saying it violates free speech rights.

The ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit marks a partial victory for the three business groups that had filed the original lawsuit, which claimed that the regulation violated companies' free speech rights under the U.S. Constitution's First Amendment by in essence forcing them to condemn their own products.

The appeals court upheld other parts of the U.S. Securities and Exchange Commission rule, which requires publicly traded manufacturers to disclose to investors whether any tantalum, tin, gold or tungsten used in their products may have originated from the conflict-ridden Democratic Republic of Congo.

The case is one of several in recent years in which industry groups have, with mixed success, made free speech objections to government regulations. Others include challenges to meat labeling requirements and a rule that required extractive industries to disclose payments to foreign governments.

- more -

http://www.reuters.com/article/2014/04/14/us-court-sec-conflictminerals-idUSBREA3D13U20140414



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U.S. appeals court finds conflict-minerals rule violates free speech (Original Post) ProSense Apr 2014 OP
Interesting concept: ProSense Apr 2014 #1
Speed limits violate my free speech, then. Orrex Apr 2014 #2
What am I ProSense Apr 2014 #3
Yep, giving corporations freedom of speech is a huge loophole davidpdx Apr 2014 #5
Don't worry - a few more free trade agreements, no more need for "loopholes" hatrack Apr 2014 #6
Are We There Yet? (Facisim) - The Computer Says Yes Nictuku Apr 2014 #4

ProSense

(116,464 posts)
1. Interesting concept:
Tue Apr 15, 2014, 12:53 PM
Apr 2014
...the regulation violated companies' free speech rights under the U.S. Constitution's First Amendment by in essence forcing them to condemn their own products.


The case is one of several in recent years in which industry groups have, with mixed success, made free speech objections to government regulations.

Regulations violate free speech. Where have I heard that before?

Orrex

(63,172 posts)
2. Speed limits violate my free speech, then.
Tue Apr 15, 2014, 12:54 PM
Apr 2014

I have the constitutionally-guaranteed freedom to express myself at 120mph on the highway.

ProSense

(116,464 posts)
3. What am I
Tue Apr 15, 2014, 02:24 PM
Apr 2014

missing. From the OP

The appeals court upheld other parts of the U.S. Securities and Exchange Commission rule, which requires publicly traded manufacturers to disclose to investors whether any tantalum, tin, gold or tungsten used in their products may have originated from the conflict-ridden Democratic Republic of Congo.

If this isn't a violation, why is the other part considered one?

davidpdx

(22,000 posts)
5. Yep, giving corporations freedom of speech is a huge loophole
Tue Apr 15, 2014, 03:54 PM
Apr 2014

to get around laws and regulations they don't like.

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