Eighth Circuit Dismisses Challenge to Minnesota’s Captive Audience Ban

On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive audience speech law (aka the “Employer-Sponsored Meetings or Communication Act” or the “Act”).  In short, the Eighth Circuit’s decision means that the Act remains in effect and is enforceable against Minnesota employers.