The First Amendment is no word game, and 'the exercise of constitutional rights' cannot be circumscribed 'by mere labels.
Chiles v Salazar.
In Alaska, unconstitutional disclaimers are referred to as disclosures. The voters were fooled by this mislabeling, and passed an unconstitutional initiative to censor political speech in violation of both constitutions. This court only has jurisdiction over the federal claim. Plaintiffs as well as the Court used this disclosure label, and looked to off-topic disclosure cases instead of citing to the supreme court's controlling disclaimer cases such as Talley McIntyre ACLF.
Those cases are a subset of the court's more general rules against compelled speech. Barnette, Tornillo, Wooley, Dale, Hurley, Janus, NIFLA, Masterpiece, 303.
Two recent cases handed down after the Alaska decision are especially relevant, Chiles v Salazar and First Choice Women's.
The best approach to this case would be to GVR, remanding for consideration of Chiles or Talley.
The First Amendment “envisions the United States as a
rich and complex place” where all enjoy the “ ‘freedom to
think as you will and to speak as you think.’ ” 303 Creative
LLC v. Elenis, 600 U. S. 570, 584, 603 (2023) (quoting Boy
Scouts of America v. Dale, 530 U. S. 640, 660–661 (2000))..... But
either way, the First Amendment protects the inalienable
right of every individual to decide for himself “how best to
speak.” Riley v. National Federation of Blind of N. C., Inc.,
487 U. S. 781, 791 (1988). In this Nation, no official—“high
or petty”—may command our tongues or silence our voices.
West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 642
(1943