States Clash With First Amendment on DEI, Captive Audience Laws

Private companies are under pressure to rethink communication with workers on labor and diversity-related topics as state legislative attempts to regulate messaging emerge from both sides of the political aisle, often implicating employers’ First Amendment protections.

Companies’ ability to counter-message against union organizers is under fire as Democratic-led state legislatures enact bans on “captive audience” meetings, including a Washington bill signed into law March 28.

Meanwhile, businesses’ workplace diversity trainings are targets of a broader conservative pushback against diversity, equity, and inclusion programs—most notably in Florida where Gov. Ron DeSantis (R) has signed several “anti-woke” bills ...