The U.S. Securities and Exchange Commission has ruled that Apple Inc. cannot lawfully exclude a free speech resolution from its annual shareholders’ meeting.
The Christian conservative activist American Family Association submitted a resolution that would call on Apple to investigate how the company protects First Amendment freedoms in light of its stated commitment to international standards on speech content and censorship.
In a Jan. 2 letter sent to Ronald O. Mueller of Gibson, Dunn & Crutcher LLP, which represented Apple in their request to exclude the AFA resolution, the SEC’s Rule 14a-8 Review Team stated that they “are unable to concur in your view that the Company may exclude the Proposal.”
The SEC rejected Apple’s claim that they had already implemented the proposed resolution, so it must be considered when shareholders hold their meeting on proxy materials this coming spring.
The Alliance Defending Freedom, a conservative legal group, represented the AFA before the SEC, sending a letter last year that called on Apple to consider the free speech resolution.
ADF Senior Counsel and Senior Vice President for Corporate Engagement Jeremy Tedesco said in a statement that the “decision is a much-needed step toward transparency.”
“Apple needs to rebuild trust with its shareholders and customers, but that can’t happen unless it answers basic questions about whether it is treating everyone equally regardless of their political or religious views,” stated Tedesco.
“Apple also needs to address its policies that threaten the fundamental freedoms of its customers by implementing the best practices identified by the Viewpoint Diversity Score Business Index, the premiere benchmark for measuring corporate respect for free speech and religious freedom.”
In 2023, Apple had an index score of 8%, with concerns about its reported censoring of conservative viewpoints and app store options.
Apple’s “App Store Review Guidelines” state that the company wants “to provide a safe experience for users to get apps and a great opportunity for all developers to be successful.”
“We strongly support all points of view being represented on the App Store, as long as the apps are respectful to users with differing opinions and the quality of the app experience is great,” stated the guidelines.
“We will reject apps for any content or behavior that we believe is over the line. What line, you ask? Well, as a Supreme Court Justice once said, ‘I’ll know it when I see it.’ And we think that you will also know it when you cross it.”
Apple’s prohibition of “offensive” content includes things that it considers “discriminatory” or “mean-spirited,” including “pornographic material,” “inflammatory religious commentary,” and “content that encourages violence.”
For years, Apple, along with other Big Tech giants, has weathered allegations of wrongfully censoring conservatives and Christians.
A 2011 report from the National Religious Broadcasters alleged that Apple, working at the behest of LGBT activists, removed apps for the conservative Christian group Exodus International and also the Manhattan Declaration.
In 2021, Apple and other platforms like Google and Amazon temporarily banned the conservative social media website, Parler, citing concerns over its content.
By April of that year, Apple reinstated the Parler app, with a company representative stating that the initial ban was because the website’s “moderation practices were clearly inadequate to protect users from this harmful and dangerous content.”
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