The U.S. Securities and Exchange Commission has determined that Apple Inc. cannot legally exclude a resolution about free speech from its yearly shareholders' gathering. Submitted by the American Family Association, a Christian conservative advocacy group, the resolution calls for Apple to investigate its adherence to First Amendment principles alongside its commitment to international speech standards and censorship policies.
In a letter dated January 2nd addressed to Ronald O. Mueller of Gibson, Dunn & Crutcher LLP, representing Apple in the exclusion request, the SEC's Rule 14a-8 Review Team expressed their inability to agree with Apple's position to exclude the proposed resolution.
The SEC's decision denies Apple's argument that the resolution has already been implemented and mandates its inclusion in the forthcoming spring shareholders' meeting proxy materials.
The American Family Association was represented before the SEC by the Alliance Defending Freedom, a conservative legal organization. Last year, they urged Apple to consider the resolution on free speech.
Jeremy Tedesco, Senior Counsel and Senior Vice President for Corporate Engagement at ADF, welcomed the SEC's decision as a crucial move towards transparency, emphasizing Apple's need to rebuild trust by addressing concerns regarding equal treatment regardless of political or religious views.
Tedesco also highlighted the importance of Apple aligning its policies with respected benchmarks for free speech and religious freedom, like the Viewpoint Diversity Score Business Index.
In 2023, Apple received a score of 8% on this index, citing worries over reported censorship of conservative perspectives and limited app store options.
Apple's "App Store Review Guidelines" emphasize the company's commitment to providing a safe user experience while supporting diverse viewpoints, though content deemed "offensive" or "mean-spirited" is prohibited, including "discriminatory" or "inflammatory religious commentary" and "violent content."
Allegations of censorship against Apple, among other tech giants, have persisted for years. In 2011, a report from the National Religious Broadcasters accused Apple of removing apps associated with conservative Christian groups like Exodus International and the Manhattan Declaration, purportedly under pressure from LGBT activists.
In 2021, Apple, along with Google and Amazon, briefly banned the conservative social media platform Parler, citing content concerns. Apple reinstated Parler's app in April, citing improved moderation practices as a condition for lifting the ban.