Legal ESG

ESG Backlash & DEI

Proxy advisers expand First Amendment challenges to anti-ESG disclosure laws

Bloomberg Law reports that ISS and Glass Lewis have filed challenges in Indiana and Kansas after earlier Texas litigation, arguing that laws targeting proxy advice compel speech, discriminate by viewpoint and burden interstate commerce.

BY ESG DESK · MAY 8, 2026 · 1 MIN READ

Bloomberg Law reports that ISS and Glass Lewis have filed challenges in Indiana and Kansas after earlier Texas litigation, arguing that laws targeting proxy advice compel speech, discriminate by viewpoint and burden interstate commerce. For governance counsel, this is no longer just a proxy-adviser issue. It affects how investors receive analysis on board composition, executive pay, shareholder rights, ESG proposals and management-opposed votes.

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