Filed last year in the 5th U.S. Circuit Court of Appeals , the National Center for Public Policy Research is suing Kroger for excluding its shareholder proposal.
The proposal's ask: for the grocery chain to explain its omission of "viewpoint" and "ideology" from its employment diversity policy. The National Association of Manufacturers later chimed in, raising the question of whether the SEC is even allowed to force a company to speak about topics that aren't relevant to its core business or increasing shareholder value.In Spence v.
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