Legal Question in Business Law in New York

Tortious Interference - boycott

If a corporation(A) calls for a boycott of another corporation(B)can this be interpreted as tortious interference. Notes: (A) is not a competitor, supplier, or customer, of (B). (A) will not directly benefit from the boycott.

For example: A national news magazine calls for a boycott of an alcholic beverage producer.


Asked on 11/15/00, 1:51 pm

1 Answer from Attorneys

David Wright Law Offices of David Wright

Re: Tortious Interference - boycott

Absent some further facts, I would say it's free speech for anybody to call for a boycott of anybody else. I think it would probably depend on the facts of what was said to attempt to induce a boycott. For example, if I go out and say "boycott Coca Cola, because my daughter was sold into slavery by the company." I could see how this might be deemed unfair and would be enjoined. But if I say "boycott Coca Cola, because I think it tastes real bad," that's clearly not actionable. Or, if Coke invests in China, and uses slave labor, "boycott Coke, because they use slave labor in China," would probably be okay -- if they really do business there and really do ustilize alleged slave labor. That's really the core of the First Amendment. Or how about PETA and their boycotts of companies which produce or use fur? That's legal (as long as it stays within civil parameters).

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Answered on 11/23/00, 8:41 am


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