So-called “disclosure” regimes implemented by federal, state and local governments are a familiar part of everyday life. Notices of the minimum wage can be seen in break rooms around the country, and warnings about known toxins are found on household products stored under most sinks in America. Although these regimes involve government-compelled speech by private entities, there have historically been few First Amendment challenges because the burdens imposed were minimal and the policy behind the notices was relatively uncontroversial.
The status quo is changing. Some government officials are concluding that “warning” or “disclosure” regimes represent an easy substitute for regulatory action or the government’s own speech on issues ranging from diet to union rights.
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