Free Speech
The U.S. Chamber is a staunch defender of the First Amendment rights of business.
The Litigation Center regularly challenges government actions that restrict truthful speech based on disagreement with its message.
Likewise, the Litigation Center challenges regulations that compel businesses to engage in controversial and burdensome speech that stigmatizes disfavored products and manipulates consumer behavior.
Latest Content
U.S. Court of Appeals for the Eleventh Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging the Eleventh Circuit to hold that the National Labor Relations Board violated the First Amendment when it found that employers who hold mandatory meetings to discuss unionization commit an unfair labor practice.U.S. District Court for the Western District of Washington: Pending
View CaseU.S. Chamber files amicus brief urging District Court to dismiss lawsuit targeting constitutionally protected speech and exceeding scope of traditional public-nuisance liability.U.S. Court of Appeals for the Fourth Circuit: Pending
View CaseChallenge to Maryland’s digital advertising tax
U.S. Chamber coalition files reply brief urging Fourth Circuit to hold the pass-through provision of Maryland’s Digital Advertising Services tax an unconstitutional restriction on the freedom of speech.U.S. Chamber coalition files opening brief urging Fourth Circuit to hold that Maryland law banning taxpayers’ speech about digital advertising services tax on their invoices violates the First Amendment.U.S. District Court for the Central District of California: Pending
View CaseChallenge to California Climate Disclosure Rules, SB 253 and SB 261
U.S. Chamber and coalition file motion for preliminary injunction in challenge to California's climate disclosure laws, asking district court to find that the laws likely violate the First Amendment's prohibition on compelled speech, and to prevent the state from implementing or enforcing the laws while the coalition lawsuit is pending.District court dismisses U.S. Chamber coalition’s Supremacy Clause and extraterritoriality claims in challenge to climate disclosure laws, while litigation proceeds on its First Amendment claim.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging the Ninth Circuit to correct the trial court’s failure to apply any degree of First Amendment scrutiny to a City of Seattle ordinance compelling app-based businesses to announce policies and make disclosures of the City’s choosing regarding courier deactivations.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging the Ninth Circuit to correct the trial court’s failure to apply any degree of First Amendment scrutiny to a City of Seattle ordinance compelling app-based businesses to announce policies and make disclosures of the City’s choosing regarding courier deactivations.U.S. District Court for the Southern District of Ohio: Pending
View CaseU.S. Chamber files amicus brief urging district court to strike down discriminatory Ohio law prohibiting campaign contributions by corporations but allowing such contributions by labor unions.U.S. Court of Appeals for the Eighth Circuit: Pending
View CaseChallenge to FTC Negative Option Rule
U.S. Chamber coalition files opening brief in challenge to Federal Trade Commission’s Negative Option Rule.Eighth Circuit denies stay of FTC’s Negative Option Rule.U.S. District Court for the District of Minnesota: Decided
View CaseDistrict court grants Minnesota Chamber's motion for summary judgment and permanently enjoins Minnesota law prohibiting businesses from participating in campaign speech unless their CEO certifies that fewer than 5 percent of their shares are held by foreign nationals. The U.S. Chamber filed two amicus briefs supporting this outcome.U.S. Chamber files coalition amicus brief urging district court to permanently enjoin Minnesota law prohibiting businesses from participating in campaign speech unless their CEO certifies that fewer than 5 percent of their shares are held by foreign nationals. The Chamber filed a prior amicus brief supporting the court’s grant of preliminary relief.U.S. District Court for the District of Maine: Pending
View CaseU.S. Chamber files amicus brief urging district court to enjoin unconstitutional Maine law limiting donations to “super PACs” that make only independent political expenditures uncoordinated with parties or candidates.U.S. Supreme Court: Pending
View CaseU.S. Chamber files amicus brief urging Supreme Court to grant review and hold that statutory limitations on political parties’ ability to coordinate campaign expenditures with candidates violate the First Amendment.U.S. District Court for the Southern District of Mississippi: Pending
View CaseChallenge to DOL’s H-2A Employer Rule
Southern District of Mississippi grants U.S. Chamber coalition’s motion for nationwide stay of provisions regarding labor organization and labor rights in the Department of Labor’s H-2A Unionization Rule. The court held that Congress did not give the DOL a broad grant of authority to effectively provide collective action rights to H-2A workers.U.S. Chamber coalition files reply in support of their motion for stay or preliminary injunction against the Department of Labor.U.S. Court of Appeals for the Fifth Circuit: Decided
View CaseFifth Circuit en banc holds that the NLRB exceeded its authority by ordering speech on Twitter deleted. The U.S. Chamber filed multiple briefs in this litigation, including a coalition amicus brief supporting this outcome.U.S. Chamber files coalition amicus brief urging en banc Fifth Circuit to enforce the National Labor Relations Act protections for employer speech about unionization. The Chamber previously filed an amicus brief at the panel stage.U.S. Court of Appeals for the Eighth Circuit: Pending
View CaseChallenge to SEC Climate Disclosure Rule
U.S. Chamber coalition files reply brief in support of petition challenging the Securities and Exchange Commission’s climate disclosure rule.U.S. Chamber and coalition file opening brief challenging the Securities and Exchange Commission’s final climate disclosure rule that seriously erodes the reasonable investor standard of materiality and micromanages how companies make key determinations about materiality.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging Ninth Circuit to affirm that Oregon’s prescription drug pricing law violates the First Amendment and impermissibly compels speech by requiring public disclosure of information Oregon believes to be relevant to drug prices.U.S. District Court for the District of Columbia: Decided
View CaseU.S. District Court for the District of Columbia denies American Chemistry Council’s motion for preliminary injunction, holding that the court lacks personal jurisdiction over the defendant, the California Attorney General. The U.S. Chamber filed a coalition amicus brief supporting ACC’s fight to prevent enforcement of a subpoena demanding member identities and communications in violation of the First Amendment.U.S. Chamber files coalition amicus brief supporting the American Chemistry Council’s fight to prevent the California Attorney General from enforcing a subpoena demanding member identities and communications in violation of the First Amendment.U.S. Court of Appeals for the Ninth Circuit: Decided
View CaseNinth Circuit reverses district court order denying preliminary injunction of AB 587, concluding that X Corp. is likely to succeed on merits of its claim that certain reporting provisions violate First Amendment. The U.S. Chamber filed an amicus brief supporting this outcome.U.S. Chamber files amicus brief urging Ninth Circuit to hold that California’s AB 587 violates the First Amendment. The law requires social media companies to routinely provide the state Attorney General with detailed information about whether and how they define and moderate controversial categories of content.District of Columbia Court of Appeals: Decided
View CaseD.C. Court of Appeals reverses dismissal of claims alleging that company’s statements about its environmental sustainability efforts mislead consumers in violation of D.C. Consumer Protection Procedures Act. The U.S. Chamber filed a coalition amicus brief urging the court to reject the plaintiff’s overbroad and unreasonable interpretation of the statute.U.S. Chamber files coalition amicus brief urging D.C. Court of Appeals to affirm the trial court’s decision and reject Earth Island’s overbroad and unreasonable interpretation of the D.C. Consumer Protection Procedures Act.U.S. Court of Appeals for the Third Circuit: Pending
View CaseU.S. Chamber files amicus brief urging Third Circuit to reverse district court decisions rejecting constitutional challenges to drug-price-control provisions of Inflation Reduction Act. The brief emphasizes that confiscatory laws violate Americans’ fundamental rights and undermine incentives for private-sector innovation, investment, and public-private partnerships.U.S. Court of Appeals for the Second Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging Second Circuit to hold that the First Amendment applies to state law that imposes restrictions based on how manufacturers and retailers market products.