Resolved clauseShareholders request the Board of Directors of Adobe conduct an evaluation and issue a report within the next year, at reasonable cost and excluding proprietary and confidential information, evaluating how it oversees risks related to discrimination against users or customers based on their viewpoint under "hate speech," "misinformation," and related policies, other terms of use or content management policies, or any other policies or practices, and how such risks, including those from vague content or service restriction policies, may affect the exercise of constitutionally protected civil rights and the company's reputation, customer trust, and long-term shareholder value.
Supporting statementDigital service providers (DSPs) control access to critical infrastructure and platforms that drive innovation in the global economy and facilitate the free exchange of information. These companies have unprecedented influence over public discourse and, increasingly, over access to essential tools for commerce, education, and communication. Respecting free speech and religious liberty drives healthy discourse and tolerance for diverse views. Adobe can and should promote these freedoms to best serve its diverse users and promote a healthy market and marketplace of ideas. Economic growth also requires innovation, and that requires the freedom to challenge the status quo. But in recent years, DSPs have faced growing pressure — from governments, advocacy groups, and internal constituencies — to remove or restrict lawful speech, including particular political and religious viewpoints. The use of vague and subjective terms such as "misinformation," "hate speech," "intolerance," or "reputational risk" in content moderation, ad restrictions, and service denial policies creates significant risks of arbitrary enforcement and discrimination. The 2025 Viewpoint Diversity Score Business Index found that 100% of major DSPs, from Adobe to Zoom, maintain problematic terms of service like the above, and that 92% maintain particularly egregious "acceptable use" policies that can be used to deny service. Recent revelations from Meta and X,1 as well as the newly enacted Digital Services Act from Europe, point toward growing pressure for these providers to censor speech.2 Adobe, for example, prohibits the use of its services for content that is "hateful," "promotes insensitivity" or "socially offensive." otherwise objectionable.3 When DSPs engage in this kind of discrimination, they expose themselves to heightened legal liability and reputational and operational risk. But some companies are already recognizing and responding to these risks. In early January 2025, for example, Meta announced a major overhaul of its content moderation framework, ending reliance on third-party fact-checkers and easing restrictions on topics like immigration, gender identity, and political speech.4 Other household names, including Comcast, Johnson & Johnson,5 PepsiCo,6 IBM,7 and thanks to an FTC-approved settlement, Omincom,8 moved to protect religious and political views when buying or selling ads. Adobe maintains that it promotes diversity and inclusion, including diversity of ideas.9 Shareholders need to know if the company's practices align with these stated commitments and whether it serves its diverse customer base without regard to protected characteristics or viewpoints. Resolved: Shareholders request the Board of Directors of Adobe conduct an evaluation and issue a report within the next year, at reasonable cost and excluding proprietary and confidential information, evaluating how it oversees risks related to discrimination against users or customers based on their viewpoint under "hate speech," "misinformation," and related policies, other terms of use or content management policies, or any other policies or practices, and how such risks, including those from vague content or service restriction policies, may affect the exercise of constitutionally protected civil rights and the company's reputation, customer trust, and long-term shareholder value.1https://www.usatoday.com/story/money/2023/09/08/biden-administration-coerced-facebook-court-rules/70800723007/ 2https://judiciary.house.gov/committee-activity/hearings/europes-threat-american-speech-and-innovation 3https://www.adobe.com/legal/terms.html#user-conduct; https://helpx.adobe.com/stock/contributor/help/subrnission-guidelines.html 4https://www.techedt.com/meta-revises-content-moderation-policies-and-ends-fact-checking? 5 https://www.jnj.com/policies-reports/our-position-on-ethical-sales-and-marketing 6 https://www.foxbusiness.com/media/pepsico-puts-out-viewpoint-neutral-media-buying-content-policy-website 7 https://www.aol.com/news/exclusive-ibm-pulls-plug-left-175130665.html 8 https://www.ftc.gov/news-events/news/press-releases/2025/06/ftc-prevents-anticompetitive-coordination-global-advertising-merger 9 https://www.adobe.com/trust/transparency/content-policies.html