The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is a regime that best effectuates the ideals of the First Amendment by maximizing the meaningful exercise of First Amendment rights by those individuals and entities most entitled to those rights.
Ronald J. Colombo, Corporate Entanglement with Religion and the Suppression of Expression, 45 SEATTLE U. L. REV. 187 (2021).
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