『The EEOC Fights to Keep Its Law-Firm DEI Records Secret, Disney Takes On the FCC & What Sen. Kelly's AI Tax Bill Would Actually Tax』のカバーアート

The EEOC Fights to Keep Its Law-Firm DEI Records Secret, Disney Takes On the FCC & What Sen. Kelly's AI Tax Bill Would Actually Tax

The EEOC Fights to Keep Its Law-Firm DEI Records Secret, Disney Takes On the FCC & What Sen. Kelly's AI Tax Bill Would Actually Tax

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This Day in Legal History: The Stamp Act CongressOn October 7, 1765, twenty-seven delegates from nine of the thirteen American colonies met in New York City for what became known as the Stamp Act Congress. Parliament had passed the Stamp Act that spring, requiring colonists to buy stamped paper for newspapers, legal documents, licenses, and even playing cards. It was the first direct tax Parliament had imposed on the colonies, and the colonies responded with their first organized, intercolonial political meeting.On October 19, the delegates adopted the Declaration of Rights and Grievances. Its argument was legal, not just political. The colonists claimed the rights of Englishmen, including the principle that they could be taxed only by their own representatives. Because they had no representatives in Parliament, they argued, only their colonial assemblies could tax them. The declaration also objected to the use of admiralty courts, which sat without juries, to enforce the act, insisting that trial by jury was a right of every British subject.The significance of October 7, 1765 is that it put the connection between a tax and its legitimacy at the center of American political thought. “No taxation without representation” is about who gets to impose a tax. My column today is about a related question that comes up every time a legislature designs a new tax: what exactly is being taxed, and does the thing being measured have anything to do with the reason for the tax?The administration is asking a federal court to let the Equal Employment Opportunity Commission keep secret the records of its investigation last year into diversity practices at major law firms. Some background. In March 2025, the EEOC’s then-acting chair, Andrea Lucas, sent letters to 20 of the country’s largest firms, including Skadden, WilmerHale, Perkins Coie, Debevoise, and Hogan Lovells, warning that their diversity and inclusion policies might violate Title VII. By April, the EEOC announced agreements with four firms: Kirkland & Ellis, Latham & Watkins, Simpson Thacher, and A&O Shearman. It never disclosed the terms. Those four were among nine firms that together pledged nearly $1 billion in free legal work for causes the White House supports. Public Citizen and two law professors sued for the records. In a filing on Monday, the government said the EEOC can neither confirm nor deny whether any of the firms received a formal charge of discrimination. The legal basis is real. Title VII prohibits the EEOC from making charges of discrimination public and restricts disclosure of information it gathers in investigations, and federal records law lets agencies withhold information that another statute protects. Those confidentiality rules exist so that employers and workers can cooperate with investigations without public exposure. The tension is that this wasn’t a routine investigation of one employer. It was a public campaign by a federal agency against an entire sector of the legal profession, announced in press releases and resolved with agreements whose terms are still unknown. The challengers argue the public is entitled to know what the government demanded and what firms agreed to, especially when the result was hundreds of millions of dollars in pro bono commitments to the administration’s priorities. The court will have to decide whether a confidentiality rule designed for individual discrimination charges can shield the details of a campaign aimed at an entire profession.US seeks to keep law firm DEI probe records secret | Reuters · Hoodline · HCAMagA federal judge in Washington held a two-hour hearing on Disney’s request to block the Federal Communications Commission’s early review of the broadcast licenses for ABC’s eight owned-and-operated TV stations. Earlier this year, FCC Chair Brendan Carr ordered those stations to file license-renewal applications years ahead of schedule. They weren’t due until October 2028 at the earliest. Disney and ABC sued in August, calling the move an “extraordinary assault on free speech” and alleging the agency was trying to punish the network for refusing to bend to White House pressure. At the hearing, Disney’s lawyer said the government is seeking to censor and control ABC’s broadcasts. U.S. District Judge Loren AliKhan didn’t rule. She asked for more written arguments, from the government by October 9 and from Disney by October 14, so a decision isn’t likely before mid-October. Here’s the legal setup. Broadcasters operate under federal licenses, and the FCC renews them based on whether a station serves the “public interest.” That standard gives the agency real authority, and the Supreme Court has long allowed more regulation of broadcasting than of print or the internet because the airwaves are a limited public resource. But the First Amendment still applies. The FCC can’t use its licensing power to punish a broadcaster for the content of its news coverage ...
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