Corporate and Commercial Free Speech PDF Download
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Author: Edwin P. Rome
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by upper-division and graduate students. Choice
Author: Edwin P. Rome
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by upper-division and graduate students. Choice
Author: Martin H. Redish
Publisher: Cambridge University Press
ISBN: 110841740X
Category : Law
Languages : en
Pages : 189
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Book Description
A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
Author: Martin H. Redish
Publisher: Cambridge University Press
ISBN: 1108278744
Category : Law
Languages : en
Pages : 189
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Book Description
For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.
Author: Tamara Piety
Publisher: University of Michigan Press
ISBN: 0472117920
Category : Law
Languages : en
Pages : 341
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Book Description
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
Author: Robert L. Kerr
Publisher: LFB Scholarly Publishing
ISBN:
Category : Law
Languages : en
Pages : 294
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Book Description
Author: Tamara Piety
Publisher: University of Michigan Press
ISBN: 0472027727
Category : Law
Languages : en
Pages : 328
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Book Description
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
Author: Nicholas Wolfson
Publisher: Bloomsbury Publishing USA
ISBN: 0313038015
Category : Law
Languages : en
Pages : 185
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Book Description
In the 1970s, the Supreme Court directly ruled for the first time that commercial speech is protected by the free speech clause of the Constitution. The Court, however, did not grant it the full protection afforded to political and artistic speech. The SEC regulates a vast array of corporate speech that it considers to be a type of commercial speech. In this book, Professor Nicholas Wolfson examines the SEC's considerable powers in the control of corporate information and argues that the Court's distinction between political-artistic speech and corporate speech is erroneous. Wolfson demonstrates that much of so-called political speech is concerned with economic self-interest. He finds no fundamental difference between it and corporate speech. In the domain of SEC-regulated speech, he demonstrates that traditional notions of commercial speech do not fit the parameters of SEC-regulated speech. Wolfson proposes that the SEC's regulation of proxy statements, prospectuses, investment advisory literature, and hostile takeover information should be subject to full protection of the First Amendment. He fully delineates the doctrine of commercial speech as well as the court cases that have determined the status of SEC speech. He analyzes the law and economics literature on commercial speech. Finally, Wolfson compares governance of a publicly held corporation to the governance of a political entity, and demonstrates that shareholder democracy is a political notion that should lead to full rights of free speech and freedom of association. This important critique of the regulation of corporate speech will be a valuable reference for securities and corporate lawyers, First Amendment attorneys, and institutional investors, as well as for students in business and law programs. Corporate, law, academic, and public libraries will also find it to be a notable addition to their collections.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 384
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Book Description
A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
