Citizens United and the Ineluctable Question of Corporate Citizenship

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Business Law, Public Responsibility, and Ethics
Business Organizations Law
Election Law
First Amendment
Law
Law and Politics
Legal Theory
Organizational Behavior and Theory
Supreme Court of the United States

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As a result of the Supreme Court's decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on advertisements supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises under the same regime that allows wealthy individuals to do so. If we are not prepared to limit individuals' expenditures on political speech, we will have to find a way to distinguish individuals' and corporations 'free speech rights.

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2012-02-01

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Connecticut Law Review

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