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Law, Business and Society 11th Edition by Tony McAdams
Edition 11ISBN: 978-0078023866Law, Business and Society 11th Edition by Tony McAdams
Edition 11ISBN: 978-0078023866 Exercise 11
Corporate Constitutional Rights
Under state law, corporations are legal persons. This raises the question of whether corporations have constitutionally protected rights. Over the years, the Supreme Court has held that corporations are sometimes entitled to constitutional protections' and at other times not so entitled.8 As discussed in Chapter 1, the issue arose again in Citizens United v. Federal Election Com'n, 130 S.Ct. 876 (2010), in which the Court, over a strong dissent, enunciated a wide-reaching principle that "the Government may not suppress political speech on the basis of the speaker's corporate identity." Justice Stevens, with three others, dissented:
The real issue in this case concerns how, not if, [Citizens United] may finance its electioneering. Citizens United is a wealthy nonprofit corporation that runs a political action committee (PAC) with millions of dollars in assets. Under [the disputed law], it could have used those assets to televise and promote Hillary: The Movie wherever and whenever it wanted to. It also could have spent unrestricted sums to broadcast Hillary at any time other than the 30 days before the last primary election. Neither Citizens United's nor any other corporation's speech has been "banned."... In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office.... The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process.
Question
When a corporation funds political speech, for whom is it speaking Consider these possibilities from the Citizens United majority and dissenting opinions:
Under state law, corporations are legal persons. This raises the question of whether corporations have constitutionally protected rights. Over the years, the Supreme Court has held that corporations are sometimes entitled to constitutional protections' and at other times not so entitled.8 As discussed in Chapter 1, the issue arose again in Citizens United v. Federal Election Com'n, 130 S.Ct. 876 (2010), in which the Court, over a strong dissent, enunciated a wide-reaching principle that "the Government may not suppress political speech on the basis of the speaker's corporate identity." Justice Stevens, with three others, dissented:
The real issue in this case concerns how, not if, [Citizens United] may finance its electioneering. Citizens United is a wealthy nonprofit corporation that runs a political action committee (PAC) with millions of dollars in assets. Under [the disputed law], it could have used those assets to televise and promote Hillary: The Movie wherever and whenever it wanted to. It also could have spent unrestricted sums to broadcast Hillary at any time other than the 30 days before the last primary election. Neither Citizens United's nor any other corporation's speech has been "banned."... In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office.... The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process.
Question
When a corporation funds political speech, for whom is it speaking Consider these possibilities from the Citizens United majority and dissenting opinions:
Explanation
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Law, Business and Society 11th Edition by Tony McAdams
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