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The First Amendment and the Business Corporation (Hardcover)
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The First Amendment and the Business Corporation (Hardcover)
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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.
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