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Corporate Political Speech: Who Decides?

Bebchuk, Lucian A.; Jackson, Robert J.

The Supreme Court spoke clearly this Term on the issue of corporate political speech, concluding in Citizens United v. FEC that the First Amendment protects corporations’ freedom to spend corporate funds on indirect support of political candidates. Constitutional law scholars will long debate the wisdom of that holding, as do the authors of the two other Comments in this issue. In contrast, this Comment accepts as given that corporations may not be limited from spending money on politics should they decide to speak. We focus instead on an important question left unanswered by Citizens United: who should have the power to decide whether a corporation will engage in political speech?

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Also Published In

Title
Harvard Law Review

More About This Work

Academic Units
Law
Publisher
Harvard Law School
Published Here
May 20, 2016
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