What’s “Controversial” About ESG? A Theory of Compelled Commercial Speech under the First Amendment

The SEC’s proposed climate disclosure rules create an opportunity to reflect on the limits that the First Amendment places upon securities regulation. As regular readers of this blog know, the SEC has proposed rules to make companies disclose their “climate risks” along with their greenhouse gas (“GHG”) emissions and certain climate-related financial metrics. Unlike existing … Continue reading What’s “Controversial” About ESG? A Theory of Compelled Commercial Speech under the First Amendment