Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The growing threat of government retaliation against businesses

The growing threat of government retaliation against businesses

Fireworks show at Disneyland in Anaheim, CA as a lawsuit looms in Florida

Getty Images

Ballou-Aares is the founder and CEO of the Leadership Now Project, a membership organization of business and thought leaders committed to protecting and renewing American democracy.

Recently, we’ve observed an unsettling trend in the United States — political retribution against companies for their speech, especially when that speech involves disagreement with political leaders. The ongoing conflict between the state of Florida and the Walt Disney Co. serves as a visible and disturbing example. In an effort to address the issue, the Leadership Now Projec t working with pro bono counsel Covington & Burling, on August 2, 2023, filed an amicus brief in Walt Disney Parks v. DeSantis.


Leadership Now’s brief underscores what is at stake when political leaders use their power to punish companies who express alternative views. Political retaliation creates a chilling effect throughout the market, hampers economic growth and deters investment by undermining fundamentals of business and democracy.

Regrettably, the actions of Florida and Gov. DeSantis outlined in the Disney v. DeSantis case are not isolated incidents of government retaliation against businesses. Companies from Delta Airlines to Walgreens have faced the threat or reality of government retaliation after responding to customer opinion, or taking actions in response to state or federal laws. The outcome of the Disney v. DeSantis case will have profound and broad-reaching effects that could significantly undermine the ability of companies to be responsive to the evolving needs and interests of customers, employees and shareholders.

Beyond affecting the targeted company, the threat of political retribution engenders what historian Timothy Snyder terms “anticipatory obedience.” Businesses more broadly may choose not to take certain actions out of fear, thereby reining in their own rights. This self-imposed restraint can limit a company's ability to make decisions about how to manage itself in the best interests of its stakeholders, including choosing when to take action or voice opinions.

Today, firms are under heightened pressure from customers, regulators, employees and shareholders to engage on an ever-expanding range of issues. Companies, whether supporting or opposing a particular policy, or aiming for neutrality, find themselves navigating the treacherous waters of a politically charged environment, fearing both government punitive measures and running afoul of public opinion.

But stepping back from the arena in fear of retaliation inadvertently helps create an environment where companies become ever more susceptible to the whims of political actors and agendas. In the face of corporate retreat from the public sphere, political leaders become ever more emboldened to behave like autocrats, rewarding allies and punishing perceived adversaries. Businesses working to ensure political retribution does not take hold in the U.S. as it has in other countries is in the best interest of firms and of democracy.

Furthermore, as trust in government and media dwindles globally, business leaders have emerged as rare credible figures in a distrustful landscape. According to the 2022 Edelman Trust Barometer, businesses were perceived as the most trusted institutions, and by 2023, they were uniquely viewed as institutions of both competence and ethics. As a trusted group in society, business leaders can navigate these tricky waters by focusing on protecting the fundamentals of democracy without addressing every individual issue that arises from political processes misaligned with citizen interests.

For instance, in August 2023 in Ohio, business leaders — from former Chairman and CEO of Procter & Gamble, John Pepper, to Jeni Britton, Founder of Jeni’s Splendid Ice Creams, firmly defended democracy against an effort to alter the state's century-long rule. The effort aimed to make it more difficult for citizens to approve or win ballot initiatives. The trusted leadership of these business figures played a critical role in the campaign's success in preserving a stable democratic process.

Leadership Now recommends utilizing our Corporate Civic Action Plan or the University of Michigan's Erb Institute Principles for Corporate Political Responsibility, as guidance. Both offer business leaders actionable, non-partisan templates to help determine whether and how to engage in civic and political affairs responsibly.

It is in the collective interest of democracy and a strong economy for businesses to push back on political retribution and use its influence to help restore the fundamental tenets of democracy.

Read More

University Roundtable Puts Latino Mental Health Front and Center

woman holds "Hablo Espanol" button

Picture Provided

University Roundtable Puts Latino Mental Health Front and Center

“Keep it to yourself. Push it down. Don’t say anything.” That is how Isis Lara Fernandez was taught to live with her status as an undocumented immigrant in the United States.

At 6-years-old, Lara Fernandez fled to the U.S. with her mother and siblings to escape domestic violence in Honduras. From that point forward, Lara Fernandez navigated life with a persistent fear that her secret could be discovered at any point in time.

Keep ReadingShow less
A Democrat's Plan for Ending the War in Gaza
An Israeli airstrike hit Deir al-Balah in central Gaza on Jan. 1, 2024.
Majdi Fathi/NurPhoto via Getty Images

A Democrat's Plan for Ending the War in Gaza

Trump's 21-point peace plan for Gaza has not and will not go anywhere, despite its adoption by the UN Security Council. There are two reasons. One is that Israeli Prime Minister Benjamin Netanyahu and his ultra-orthodox nationalist allies will not agree to an eventual Palestinian state in the occupied territories. The other is that Hamas will not stand down and give up its arms; its main interest is the destruction of Israel, not the creation of a home for the Palestinian people.

Democrats should operate as the "loyal opposition" and propose a different path to end the "war" and establish peace. So far, they have merely followed the failed policies of the Biden administration.

Keep ReadingShow less
Killing Suspected Traffickers Won’t Win the War on Drugs

Killing suspected drug traffickers without trial undermines due process, human rights, and democracy. The war on drugs cannot be won through extrajudicial force.

Getty Images, SimpleImages

Killing Suspected Traffickers Won’t Win the War on Drugs

Life can only be taken in defense of life. That principle is as old as civilization itself, and it remains the bedrock of justice today. To kill another human being is justifiable only in imminent self‑defense or to protect the lives of innocent people. Yet the United States has recently crossed a troubling line: authorizing lethal strikes against suspected drug traffickers in international waters. Dozens have been killed without trial, without legal counsel, and without certainty of guilt.

This is not justice. It is punishment without due process, death without defense or judicial review. It is, in plain terms, an extrajudicial killing. And it is appalling.

Keep ReadingShow less
People waving US flags
A deep look at what “American values” truly mean, contrasting liberal, conservative, and MAGA interpretations through the lens of the Declaration and Constitution.
LeoPatrizi/Getty Images

The Season to Remember We’re Still One Nation

Every year around this time, the noise starts to drop. The pace eases a bit. Families gather, neighbors reconnect, and people who disagree on just about everything still manage to pass plates across the same table. Something about late November into December nudges us toward reflection. Whatever you call it — holiday spirit, cultural memory, or just a pause in the chaos — it’s real. And in a country this divided, it might be the reminder we need most.

Because the truth is simple: America has never thrived by choosing one ideology over another. It has thrived because our competing visions push, restrain, and refine each other. We forget that at our own risk.

Keep ReadingShow less