Reseña de Flawed Assumptions: A Corporate Law Analysis of Free Speech and Corporate Personhood in Citizens United.

Flawed Assumptions: A Corporate Law Analysis of Free Speech and Corporate Personhood in Citizens United. de Case Western Reserve Law Review Resumen del Libro

I. INTRODUCTION: UNVEILING THE CORPORATE LAW MYTHS EMBEDDED IN CITIZENS UNITED From derivative suits to the derivative speech rights of corporations recognized in Citizens United v. FEC, (1) the watershed 2010 Supreme Court opinion that overturned restrictions on corporate political speech in the form of independent expenditures, our law takes inconsistent stances on how, for whose benefit, on whose behalf corporations speak. The Citizens United opinion, which wrestled with the boundaries of fundamental First Amendment rights and the extent to which free speech protections should be extended to corporations, is riddled with assumptions about corporations that are often divorced from the economic and legal realities in which these entities exist. This Article employs traditional corporate law principles (e.g. fiduciary duties, corporate governance and securities regulations) to challenge the foundational assumptions regarding corporate entities that the Court relied on in concluding that corporate speech should be treated the same as individual speech.

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