The First Amendment and the Business Corporation by Ronald J. ColomboThe First Amendment and the Business Corporation by Ronald J. Colombo

The First Amendment and the Business Corporation

byRonald J. Colombo

Hardcover | November 12, 2014

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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. Aflashpoint 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. Thosewho 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 somecorporations 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 berecognized 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 andbeliefs.
Ronald J. Colombo is Associate Dean for Academic Affairs and Professor of Law at the Maurice A. Deane School of Law at Hofstra University. He teaches courses in corporate, securities, and contract law. Professor Colombo previously served as vice president and counsel in the Complex Global Litigation Group of Morgan Stanley and Co. Inco...
Title:The First Amendment and the Business CorporationFormat:HardcoverDimensions:256 pages, 9.25 × 6.12 × 0.98 inPublished:November 12, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199335672

ISBN - 13:9780199335671

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Table of Contents

AcknowledgmentsIntroduction1. Associations and Freedom2. The Modern Business Corporation3. The Post-Modern Business Corporation4. Corporate Personhood, Rights, and Responsibilities5. The First Amendment: Background6. The First Amendment: Freedom of Speech7. The First Amendment: Freedom of Religion8. The First Amendment: Freedom of Association9. A Taxonomy of the Corporation10. The Problem of DiscriminationConclusionIndex