The SEC is standing up for Christian speech.
The U.S. Securities and Exchange Commission (SEC) has made a definitive ruling against Apple Inc., asserting that the company cannot legally exclude a free speech resolution from its annual shareholders’ meeting. The resolution, submitted by the American Family Association (AFA), a Christian conservative activist group, calls for an investigation into how Apple safeguards First Amendment freedoms given its commitment to international speech content and censorship standards.
In response to Apple’s attempt to exclude the AFA resolution, the SEC’s Rule 14a-8 Review Team issued a letter on January 2, addressing Ronald O. Mueller of Gibson, Dunn & Crutcher LLP, the legal representation for Apple. The SEC stated that they “are unable to concur in your view that the Company may exclude the Proposal.” This rejection emphasizes the SEC’s stance that the proposed resolution must be considered during the upcoming spring meeting of shareholders.
The Alliance Defending Freedom (ADF), a conservative legal group representing the AFA before the SEC, welcomed the decision. Jeremy Tedesco, ADF Senior Counsel and Senior Vice President for Corporate Engagement, highlighted the significance of transparency, stating that the SEC’s decision is a “much-needed step toward transparency.” Tedesco urged Apple to address fundamental questions about its treatment of individuals irrespective of their political or religious views.
Furthermore, Tedesco called on Apple to adopt the best practices outlined by the Viewpoint Diversity Score Business Index, a benchmark for evaluating corporate respect for free speech and religious freedom. He stressed the necessity for Apple to rebuild trust with shareholders and customers by addressing concerns related to reported censorship of conservative viewpoints and limitations in the app store.
Apple’s “App Store Review Guidelines” underscore the company’s commitment to providing a safe and respectful user experience. The guidelines outline a rejection policy for content or behavior deemed to be “over the line,” including categories such as “offensive” material, “discriminatory” or “mean-spirited” content, and that which “encourages violence.”
This SEC ruling takes place against the backdrop of broader accusations against major tech companies, including Apple, for alleged censorship of conservative and religious perspectives. Incidents dating back to 2011 and recent cases involving app removals and reinstatements, as well as temporary bans of platforms like Parler in 2021, highlight the ongoing debate over content moderation and free speech in the digital sphere.