Another semester teaching business associations law is just around the corner. In fact, our fall semester begins next week. This post is dedicated to those who, like me, are prepping for and teaching that course this semester.
I was invited to participate in a discussion group entitled “Pressure on and Backlash against Corporations as Political Actors” at the 2022 Southeastern Association of Law Schools (SEALS) annual conference last week. The description for the session is as follows:
When businesses wade into political issues like abortion, the environment, gun control, LGBTQ rights, Black Lives Matter, and international affairs, they potentially face consumer backlash and even governmental retribution. Remaining silent can also be risky, potentially upsetting other consumers and employees. And silence/inaction is not always an option: either a business remains in Russia after its invasion into Ukraine or closes its operations there, sometimes at considerable expense. This discussion group will analyze these issues from corporate, tax, policy, electoral, and constitutional law perspectives. Should businesses like Nike, McDonalds, Disney, and Ben & Jerry’s take political stances, stay out of politics altogether, focus on profits or something broader, and what are the practical and legal ramifications of these views? More broadly, what is
