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The First Amendment and the Business Corporation$
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Ronald J. Colombo

Print publication date: 2014

Print ISBN-13: 9780199335671

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199335671.001.0001

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The Problem of Discrimination

The Problem of Discrimination

Chapter:
(p.213) Chapter 10 The Problem of Discrimination
Source:
The First Amendment and the Business Corporation
Author(s):

Ronald J. Colombo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199335671.003.0011

Some have voiced reservations over extending the freedoms of association and religion to the business corporation on the grounds that it threatens to undermine civil rights. These concerns, while legitimate, need to be contextualized. These freedoms are already possessed by nonprofit corporations and thus extending them to certain (postmodern) corporations does not represent as dramatic a break from the status quo as some would suggest. Further, few corporations are likely to qualify for postmodern status, as the vast majority continue (and would continue) to purse profit maximization. Finally, it is important to note that recognition of these rights would not supply corporations with a blank check to disregard laws against discrimination. Rather, it would simply give them an opportunity to plead their case in court, subject to the same scrutiny, tests, and restrictions that currently applies to claimants who invoke these freedoms.

Keywords:   civil rights, discrimination, freedom of religion, freedom of association, postmodern corporation

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