On rehearing, the court will, at a minimum, consider three questions: (i) what effect, if any, the American Meat ruling has on the First Amendment issue at hand in the conflict minerals case regarding the disclosure requirement; (ii) what is the meaning of purely factual and uncontroversial information as used in Zauderer; and (iii) is the determination of what comprises “uncontroversial information” a question of fact? If the court determines that the Zaurderer standard applies to the conflict minerals rules, the court will then have to determine whether the rules constitute unconstitutional compelled speech under the Zauderer standard.
D.C. Circuit to Rehear Conflict Minerals Case
