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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: Nicholas Wolfson
Publisher: Bloomsbury Publishing USA
ISBN: 0313038015
Category : Law
Languages : en
Pages : 185
Get Book
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: Ronald J. Colombo
Publisher: Oxford University Press, USA
ISBN: 0199335672
Category : Law
Languages : en
Pages : 258
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Book Description
The role of the business corporation in modern society is a controversial one. Some fear and object to the use of corporate power and influence over governments, legislation, and culture. Others view the corporation as an opportunity to harness the private initiative of like-minded individuals to further important goals and objectives in common. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution.
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.
Author: Henry N. Butler
Publisher: American Enterprise Institute
ISBN: 9780844738659
Category : Law
Languages : en
Pages : 236
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Book Description
The Corporation and the Constitution is a significant contribution to modern constitutional and corporate scholarship. It offers a coherent theory of applying the Constitution to the corporation, and it forces scholars to appreciate the developments that have taken place totally outside the realm of traditional scholarly discourse on the Constitution.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Ciara Torres-Spelliscy
Publisher:
ISBN: 9781632847263
Category : Business and politics
Languages : en
Pages : 0
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Book Description
Over time, corporations have engaged in an aggressive campaign to dramatically enlarge their political and commercial speech and religious rights through strategic litigation and extensive lobbying. At the same time, many large firms have sought to limit their social responsibilities. For the most part, courts have willingly followed corporations down this path. But interestingly, corporations are meeting resistance from many quarters including from customers, investors, and lawmakers. Corporate Citizen? explores this resistance and offers reforms to support these new understandings of the corporation in contemporary society.
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: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1084
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Book Description
Author:
Publisher:
ISBN:
Category : Agriculture
Languages : en
Pages : 108
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Book Description
