Corporate Speech And The First Amendment PDF Download
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Author | : Tamara Piety |
Publisher | : University of Michigan Press |
Total Pages | : 341 |
Release | : 2012-02-08 |
Genre | : Law |
ISBN | : 0472117920 |
Download Brandishing the First Amendment Book in PDF, ePub and Kindle
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
Author | : Coates, IV (John C.) |
Publisher | : |
Total Pages | : 41 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Corporate Speech and the First Amendment Book in PDF, ePub and Kindle
This Article draws on empirical analysis, history, and economic theory to show that corporations have begun to displace individuals as direct beneficiaries of the First Amendment and to outline an argument that the shift reflects economically harmful rent seeking. The history of corporations, regulation of commercial speech, and First Amendment case law is retold, with an emphasis on the role of constitutional entrepreneur Justice Lewis Powell, who prompted the Supreme Court to invent corporate and commercial speech rights. The chronology shows that First Amendment doctrine long post-dated both pervasive regulation of commercial speech and the rise of the U.S. as the world's leading economic power - a chronology with implications for originalists, and for policy. Supreme Court and Courts of Appeals decisions are analyzed to quantify the degree to which corporations have displaced individuals as direct beneficiaries of First Amendment rights, and to show that they have done so recently, but with growing speed since Virginia Pharmacy, Bellotti, and Central Hudson. Nearly half of First Amendment challenges now benefit business corporations and trade groups, rather than other kinds of organizations or individuals, and the trend-line is up. Such cases commonly constitute a form of corruption: the use of litigation by managers to entrench reregulation in their personal interests at the expense of shareholders, consumers, and employees. In aggregate, they degrade the rule of law, rendering it less predictable, general and clear. This corruption risks significant economic harms in addition to the loss of a republican form of government.
Author | : Floyd Abrams |
Publisher | : Yale University Press |
Total Pages | : 170 |
Release | : 2017-01-01 |
Genre | : Law |
ISBN | : 0300190883 |
Download The Soul of the First Amendment Book in PDF, ePub and Kindle
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Author | : Martin H. Redish |
Publisher | : Cambridge University Press |
Total Pages | : 189 |
Release | : 2021-06-10 |
Genre | : Law |
ISBN | : 1108278744 |
Download Commercial Speech as Free Expression Book in PDF, ePub and Kindle
For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.
Author | : Michael R. Siebecker |
Publisher | : |
Total Pages | : 63 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Corporate Speech, Securities Regulation and an Institutional Approach to the First Amendment Book in PDF, ePub and Kindle
Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, a different branch of that same jurisprudence suggests governmental regulation of commercial speech remains essential to ensure consumers receive accurate information and to maintain market efficiency. Unfortunately, the Supreme Court has never articulated sufficiently clear definitions of quot;commercialquot; or quot;politicalquot; speech, or the boundaries between them, to address claims of politically tinged corporate speech. Because the securities laws essentially operate through content based regulation of compelled speech, which often touches inherently political matters, the securities laws seem especially vulnerable to constitutional attack. Considering the limitations of current speech jurisprudence, this Article examines whether the quot;institutional approachquot; to the First Amendment advocated by Frederick Schauer provides a theoretical basis for maintaining a robust securities regulation regime. Following that approach, a determination of speech rights in any particular institutional setting should depend on an assessment of the societal importance of the institution as well as the relationship between speech rights and the institution's basic role. The Article concludes that an institutional approach to First Amendment jurisprudence not only provides sufficiently strong reasons for insulating the securities regulation regime from the First Amendment's reach, but also lends strong support for embracing a new institutional approach to First Amendment jurisprudence itself.
Author | : David L. Hudson |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Constitutional law |
ISBN | : 9780314606488 |
Download The First Amendment Book in PDF, ePub and Kindle
Author | : Edwin P. Rome |
Publisher | : Praeger |
Total Pages | : 288 |
Release | : 1985-11-14 |
Genre | : Business & Economics |
ISBN | : |
Download Corporate and Commercial Free Speech Book in PDF, ePub and Kindle
This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by upper-division and graduate students. Choice
Author | : Anthony Lewis |
Publisher | : ReadHowYouWant.com |
Total Pages | : 262 |
Release | : 2010 |
Genre | : History |
ISBN | : 1458758389 |
Download Freedom for the Thought That We Hate Book in PDF, ePub and Kindle
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Author | : Ian Rosenberg |
Publisher | : NYU Press |
Total Pages | : 311 |
Release | : 2023-05-16 |
Genre | : Law |
ISBN | : 1479825913 |
Download The Fight for Free Speech Book in PDF, ePub and Kindle
A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
Author | : Ronald J. Colombo |
Publisher | : |
Total Pages | : 258 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199335672 |
Download The First Amendment and the Business Corporation Book in PDF, ePub and Kindle
The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.