ch.7 election - PoliticalSpeechChap7 Overview...

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Political Speech  Chap 7 Overview Corporate (and union) right to speak Referenda and social issues Elections
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Political Speech  Chap 7 Overview Contributions Indirect Speech Create chances of quid pro quo corruption and distortion Expenditures Direct Speech Fewer chances of corruption. 
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Political Speech  Chap 7 Overview Other ways to contribute and spend Individuals Political Action Committees 527’s  
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Political Speech  Chap 7 Overview Part II Political Candidate Broadcasts Equal time rule, Section 315 TV public interest programming Do not read lobbying  
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Political Speech Corporations Corporations, have some constitutional rights shared by individuals, the media, non-profits: Due process Equal Protection Not subject to double jeopardy
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Political Speech Corporations Contribute to political and social debate Editorials, press releases, speeches, SEC reports
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Political Speech Corporations also DIFFER from individuals: Created by charter Not human; are impersonal Establish limited liability for shareholders Have perpetual life
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Political Speech Corporations also DIFFER from individuals because they get: No “Fulfillment” from exercising free speech No Right of privacy (But . . .) No Protection against testifying against selves
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Political Speech Therefore: Should corporations be controlled—including their speech—by the legislatures that create them? Or Should corporations have speech rights even though they are creations of the state? (The Supreme Court chooses this answer)
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. First National Bank of Boston v. Bellotti Unconstitutional to prohibit profit-making corporations from buying advertising about referenda (and social) issues.  
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. Referenda are, e.g., ballot issues on taxes, nuclear power, beverage container deposits, rent control
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. Bellotti Massachusetts law prohibited corporations from buying advertising about referenda issues unless referenda directly affected the business
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. First National Bank wanted to buy advertisements opposing persona l income tax
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. Supreme Court rules Referenda speech is at the heart of the first amendment Corporate referenda speech is protected as much for citizen’s right to receive information as for corporation’s right to speak . . . .
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Political Speech Corporations have right to speak, spend and contribute on referenda and public issues. Supreme Court says
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This note was uploaded on 03/30/2011 for the course JRLC 5040 taught by Professor Lee during the Spring '08 term at University of Georgia Athens.

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ch.7 election - PoliticalSpeechChap7 Overview...

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