Disney, Media Giants Testing Free Speech Shield in Bias Cases

Walt Disney Co. and other employers in the entertainment and media industries are testing a First Amendment defense in court to escape employment discrimination claims, arguing that certain workplace decisions are tied to their right to control their brand message.

These cases are pushing federal courts to examine the boundaries of the First Amendment, which traditionally protects expressive entities, as employers use it to justify their decisions related to artistic expression that are based on protected characteristics like race, gender, and religion.

“Currently, the case law is very narrow and is likely to remain that way with the focus on ...