The First Amendment and the Business Corporation
Ronald J. Colombo
Abstract
The role of the business corporation in modern society is a controversial one. Some fear and object to the use of corporate power and influence over governments, legislation, and culture. Others view the corporation as an opportunity to harness the private initiative of like-minded individuals to further important goals and objectives in common. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, as evidenced by the U.S. Supreme Court cases Citizens United (2010) and Hobby Lobby (2014). For the extent to which a corporation can avail itself of the First Amen ... More
The role of the business corporation in modern society is a controversial one. Some fear and object to the use of corporate power and influence over governments, legislation, and culture. Others view the corporation as an opportunity to harness the private initiative of like-minded individuals to further important goals and objectives in common. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, as evidenced by the U.S. Supreme Court cases Citizens United (2010) and Hobby Lobby (2014). For the extent to which a corporation can avail itself of the First Amendment's rights to freedom of speech, free exercise of religion, and freedom of association goes a long way in defining the corporation's role. Those who oppose corporate influence over society and politics wish to see these rights restricted; those who champion the corporation's ability to serve as a vehicle of collective human action and expression wish to see these rights recognized. Fortunately, a path forward that honors the concerns of each perspective can be found. It lies in the simple realization that profound, constitutionally relevant differences exist among corporate enterprises. Critically, some corporations are genuine communities, “associations” as Alexis de Tocqueville used that term. A denial of First Amendment freedoms to these corporations is tantamount to an infringement of individual liberty, because it is through such corporations that certain individuals choose to express themselves and, at times, exercise their religious liberty. For other corporations, application of First Amendment rights would be unnecessary if not dangerous.
Keywords:
First Amendment,
corporation,
association,
Alexis de Tocqueville,
free exercise,
religious liberty,
freedom of speech,
Citizens United case,
Hobby Lobby case,
postmodern corporation
Bibliographic Information
| Print publication date: 2014 |
Print ISBN-13: 9780199335671 |
| Published to Oxford Scholarship Online: November 2014 |
DOI:10.1093/acprof:oso/9780199335671.001.0001 |
