On February 10, 2025, CDW, the U.S. Chamber of Commerce, the National Association of Wholesaler-Distributors, and the National Retail Federation filed an amicus brief before the US Court of Appeals for the 8th Circuit in MN Chapter of ABC, et al v Keith Ellison, litigation challenging Minnesota’s law banning captive audience meetings.

The brief argues the 8th Circuit should deny the state’s motion to dismiss. While the state claims that they won’t actually enforce the law, that does nothing to “cure the chill to Plaintiffs’ protected speech” nor does it rectify the fact that the law conflicts with the Constitution. “Defendants here have pointedly refused to provide any assurance that they will not apply the Act to Plaintiffs’ protected speech as soon as the courthouse doors close. Defendants’ declarations about their ‘present intention’ say nothing about their future conduct… Defendants have not even tried to show that their disavowals are anything more than a litigation tactic.”