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Are corporations given the right to free speech?




Yes. Loosely, corporations are just groups of people acting with similar goals and interests, so the free speech right flows to the company.

No one is "given" a right to free speech -- rather, in the United States, the constitution recognizes a pre-existing right to free speech, and enjoins the government from infringing upon it. This applies regardless of what organizational structures people use to coordinate their affairs.

Can a car dealer advertise a car they don't have for sale?

Yes. Shareholders and their agents ("corporations") have rights to free speech.

Citizens United specifically affirmed corporations' First Amendment rights.

I thought that was affirming money was speech?

No, that ruling was almost exactly the opposite. The FEC tried to argue, based on the "electioneering communication" provisions of the McCain-Feingold act, that expression of opinions that might benefit a candidate was equivalent to a monetary donation to that candidate, so their authority to regulate campaign donations included the power to suppress the publication of certain political speech.

Basically, they were arguing that "speech is money". The court ruled against that, and reaffirmed that speech in itself is always protected by the first amendment, regardless of who may benefit from it or what resources were allocated to facilitating it.


Thank you for the explanation. I'll admit this was intellectual laziness on my part.

Kind of... restricting money/spending is restricting speech/reach.



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