Constitutional Adjudication, Free Expression and the Fashionable Art of Corporation-Bashing

28 Pages Posted: 22 Dec 2012  

Date Written: September 14, 2012

Abstract

Professor Redish and Mr. Siegal explain why the Supreme Court in Citizens United was correct to recognize free speech rights of profit-making corporations. They argue first that there is no rational basis on which to distinguish the First Amendment rights of media corporations from those of other corporations, noting that the Supreme Court has never drawn a distinction between the free speech rights of the media and private speakers. They further argue that vesting free speech rights in corporations furthers important First Amendment values, in particular informing the electorate and checking government.

Keywords: First Amendment, Free Speech, Freedom of Expression, Constitutional Law, Corporations, Freedom of the Press

JEL Classification: K10, K19, K20, K29

Suggested Citation

Redish, Martin H. and Siegal, Peter B., Constitutional Adjudication, Free Expression and the Fashionable Art of Corporation-Bashing (September 14, 2012). Texas Law Review, Forthcoming; Northwestern Public Law Research Paper No. 12-35. Available at SSRN: https://ssrn.com/abstract=2190707

Martin H. Redish (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Peter B. Siegal

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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