Case Categories: Corporations (First Amendment Rights)

Corporate speech refers to the rights of corporations to advertise their products and to speak to matters of public concern.

Commercial speech, as manifested through advertising, and political speech in the form of contributions and expenditures on behalf of candidates and political issues must be considered in assessing whether a corporation has the same rights under the First Amendment as people.

Regulation of commercial speech must survive intermediate scrutiny to pass constitutional muster, but political speech of a corporation must survive strict scrutiny.

Following are Supreme Court cases involving corporate speech and the First Amendment.

• Austin v. Michigan Chamber of Commerce (1990)

  Austin v. Michigan Chamber of Commerce (1990) upheld against a First Amendment challenge a law prohibiting nonprofit corporations from using general revenues...

• BE and K Construction Co. v. National Labor Relations Board (2002)

  BE and K Construction Co. v. NLRB (2002) interpreted the First Amendment right to petition and ruled that the employers could not be punished for filing a...

• Buckley v. Valeo (1976)

  Buckley v. Valeo (1976) said limits on campaign contributions did not violate the First Amendment freedom of expression, but limits on campaign spending were...

• Burwell v. Hobby Lobby Stores, Inc. (2014)

  Burwell v. Hobby Lobby Stores, Inc. (2014) said the government could not require corporations to provide coverage for contraceptives that violated the owners...

• Cammarano v. United States (1959)

  Cammarano v. United States (1959) said businesses cannot deduct from their taxes money spent to influence legislation. The Court said the law did not violate...

• Central Hudson Gas and Electric Corp. v. Public Service Commission (1980)

  Central Hudson Gas and Electric Corp. v. Public Service Commission (1980) clarified First Amendment protection of commercial speech, determining when it could...

• Citizens United v. Federal Election Commission (2010)

  In a landmark 2010 decision, a divided Supreme Court used the First Amendment to invalidate a campaign regulation that banned corporate and union spending in...

• Consolidated Edison Co. v. Public Service Commission (1980)

  In Consolidated Edison Co. v. Public Service Commission (1980), the Court recognized and expanded the First Amendment free speech rights of corporations...

• Federal Election Commission v. Beaumont (2003)

  FEC v. Beaumont (2003) said laws barring corporations' direct candidate contributions do not violate the First Amendment rights of nonprofit advocacy groups...

• Federal Election Commission v. Massachusetts Citizens for Life (1986)

  FEC v. Massachusetts Citizens for Life (1986) found that while a nonprofit corporation violated the Federal Election Campaign Act, its application violated the...

• First National Bank of Boston v. Bellotti (1978)

  First National Bank of Boston v. Bellotti (1978) ruled that a state restriction on political contributions by corporations violated the First Amendment...

• Hobby Lobby Stores, Inc. v. Sebelius (2012)

  In Hobby Lobby Stores v. Sebelius (2012), a circuit court upheld the Affordable Care Act against a First Amendment challenge, citing a lack of clear legal...

• Little Sisters of the Poor Saints Peter and Paul, Home v. Pennsylvania (2020)

  Little Sisters of the Poor Saints Peter and Paul v. Pennsylvania (2020) said the First Amendment allowed employers to opt out of providing contraceptive...

• McConnell v. Federal Election Commission (2003)

  McConnell v. Federal Election Commission (2003) upheld major provisions of the Bipartisan Campaign Reform Act of 2002, rejecting claims that the act stifled...

• National Labor Relations Board v. Virginia Electric and Power (1941)

  National Labor Relations Board v. Virginia Electric and Power (1941) examined if illegal activity can be shown on the basis of words otherwise protected by the...

• Nike v. Kasky (2003)

  Nike v. Kasky (2003) raised, but did not resolve, contemporary issues regarding First Amendment protection for corporate speech in matters of public concern...

• Prudential Insurance Co. of America v. Cheek (1922)

  Prudential Insurance Co. of America v. Cheek (1922) gives a glimpse into First Amendment doctrine prior to the incorporation of the free speech clause to the...

• United States v. Lee (1982)

  The Supreme Court in 1982 declined to rule that religious liberty guaranteed in the First Amendment allowed an Amish farmer to not pay Social Security taxes on...

• Zubik v. Burwell (2016)

  Zubik v. Burwell (2016) dealt with regulations requiring employers to provide contraception coverage to their employees and how these regulations affected...