News for hackers. Stuff that matters.

A comment on AWS CEO Jassy follows Apple in calling for retraction of Chinese spy chip story. Parent comment

Re:AWS CEO Jassy follows Apple in calling for retraction of ... by nneonneo on Tuesday October 23, 2018 @12:03AM (#18280638)
It would also be compelled speech, and from what I've read,

> governments have the right to mandate corporate speech “if the information in the disclosure is reasonably related to a substantial governmental interest and is purely factual.”

(https://www.reuters.com/article/us-otc-speech/when-the-gover...)

Since that would not be the case here, I do not believe it would be legally defensible for the government to compel false statements out of both Apple and Amazon.

(IANAL, so do take this with a grain of salt)

[ Parent | on HN ]
Re:AWS CEO Jassy follows Apple in calling for retraction of ... by stupidbird on Tuesday October 23, 2018 @12:50PM (#18285078)
Why would it have to be compelled?

The government could say "look here, this is an actual national security issue" and Apple, Amazon, etc could say "oh shit, you're right - how can we help?"

If this were a real national security risk, what incentive would Apple, Amazon, etc have to tell divulge the truth rather than cooperating with the government? This is vastly different than saying no to a requested NSA backdoor.

[ Parent | on HN ]
Re:AWS CEO Jassy follows Apple in calling for retraction of ... by vlovich123 on Tuesday October 23, 2018 @12:22AM (#18280695)
Actually, that's not the latest news on that. I looked up that case on scotusblog & it was vacated based on the result of "National Institute of Family and Life Advocates v. Becerra" which I believe overturns the 9th Circuit's ruling on this although I'm not totally sure. Regardless, you're right. No ruling has held the government has the right to compel factually incorrect speech.
[ Parent | on HN ]