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Article

2 Oct 2015

Author:
Enough Project

USA: Today is deadline to appeal judgment that conflict minerals disclosure rule violates corporate "free speech" rights

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"Friday Deadline for SEC to Appeal Latest Conflict Minerals Court Ruling", 30 Sep 2015

This Friday, October 2, is the deadline for the Securities and Exchange Commission (SEC) and other parties to petition for a review of the most recent court decision on the SEC’s Conflict Minerals Rule. The Enough Project eagerly awaits word about the status of this court decision and the potential petition for anen banc review. On August 18, the U.S. District Court of Appeals for the D.C. Circuit issued the latest in a series of decisions....upholding a previous decision that one part of the rule violates companies’ First Amendment rights, but keeping the majority of companies’ disclosure requirements intact...The Enough Project strongly disagrees with the recent ruling that the descriptor requirement violates companies’ free speech rights and agrees with the dissenting opinion that “DRC Conflict Free” is a factual and uncontroversial statement. Whether certain minerals in a supply chain are linked to the funding of an armed group is a matter of investigation, not a matter of opinion. It is not always an easy fact to determine, but it is a fact nonetheless.

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