Corporate Personhood and the Rights of Corporate Speech

12 Pages Posted: 2 Apr 2009  

Adam Winkler

University of California, Los Angeles (UCLA) - School of Law

Date Written: April 1, 2009

Abstract

This article argues that, contrary to the claims of some anti-corporate critics, corporate free speech rights have not been a product of corporate personhood under the Fourteenth Amendment. The free speech rights of business corporations are not equal to that of natural individuals but in fact are more limited. Moreover, this article contends that there are at least 4 different, distinct free speech rights held by business corporations and each is subject to its own set of constitutional rules and limits. The Supreme Court, however, often confuses the various rights and they different strands of reasoning among the cases are inconsistent and incoherent.

Keywords: Fourteenth Amendment, business corporations, judicial interpretations of free speech

Suggested Citation

Winkler, Adam, Corporate Personhood and the Rights of Corporate Speech (April 1, 2009). Seattle University Law Review, Vol. 30, p. 863, 2007; UCLA School of Law Research Paper No. 09-11. Available at SSRN: https://ssrn.com/abstract=1371706

Adam Winkler (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Paper statistics

Downloads
495
Rank
45,098
Abstract Views
2,215