Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law

University of Puget Sound

First Amendment

Articles 1 - 1 of 1

Full-Text Articles in Law

Corporations Are Not People: An Analysis Of Citizens United V. Federal Election Commission, Melissa Gaughan Jan 2012

Corporations Are Not People: An Analysis Of Citizens United V. Federal Election Commission, Melissa Gaughan

Summer Research

In 2010, the Supreme Court answered this question in Citizens United v. FEC, which granted corporations First Amendment political speech rights and struck down limitations on independent expenditures by for-profit corporations. My research focused on the uses of legal theories of corporate personhood within the Citizens United decision. I found that the Court’s Citizens United decision used logic from several theories of corporate personhood to avoid acknowledging that there are different types of corporations, each with unique claims to political speech rights. The use of multiple theories of corporate personhood led the Court to conflate the two major types of …