Corporate Speech and the First Amendment: History, Data, and Implications

2015 ◽  
Author(s):  
John C. Coates, IV
Keyword(s):  
First Amendment ◽  
History Data ◽  
Corporate Speech

Corporations as Speakers

2017 ◽  
Author(s):  
Randall P. Bezanson
Keyword(s):  
First Amendment ◽  
General Rule ◽  
General Question ◽  
Citizens United ◽  
Virtual Absence ◽  
Federal Election Commission ◽  
Corporate Speech ◽  
Oral Argument ◽  
Election Commission ◽  
Constitutional Analysis

This chapter examines the justices' views and the reasoning behind Supreme Court's 5–4 decision in Citizens United v. Federal Election Commission. It does so through a review of the second oral argument before the Court and an analysis of the Court's opinion. After the Court had first heard oral argument in 2009, it scheduled a second argument and instructed the parties to brief and argue the general question of the constitutional status of corporate speech. The Court had ruled in prior cases that much corporate speech was protected by the First Amendment, but as a general rule the protection afforded such speech was weak and limited. After taking full stock of the Court's decision, and in light of the virtual absence of serious constitutional analysis of the core question of the First Amendment's meaning, the chapter then steps back and considers from a fresh and broader perspective whether corporations should be fully protected speakers under the First Amendment, drawing on the Constitution's text, its history, and the structural, philosophical, and practical considerations that bear on this central question.

Incoherent Corporate Speech

2020 ◽  
pp. 81-109
Author(s):  
Lisa Siraganian
Keyword(s):  
First Amendment ◽  
Thought Experiment ◽  
Court Case ◽  
Marketplace Of Ideas ◽  
Citizens United ◽  
Oliver Wendell Holmes ◽  
Corporate Speech ◽  
Potential Problems ◽  
Supreme Court Case ◽  
The U.S

F. Scott Fitzgerald imagines corporate marriage proposals as a promising thought experiment to think through the fundamental incoherence of what was eventually to be known as corporate speech after the U.S. Supreme Court case Citizens United (2010). His autobiographical and underappreciated meditations on the film industry, The Love of the Last Tycoon (1940) and The Pat Hobby Stories (1940–1), tease out corporate expression’s difficulties and possibilities—complications that are typically overlooked in contemporary discussions of corporate speech. In Tycoon, Fitzgerald’s Hollywood executive producer imagines that he can “buy” what is in his screenwriter’s “mind.” His understanding of speech articulates Oliver Wendell Holmes, Jr.’s theory of contractual meaning and economist Ronald Coase’s literalization of “the marketplace of ideas,” anticipating the Supreme Court’s reasoning in Citizens United. But when that tycoon’s lover treats her multiple Dear John letters to him in the same literal manner—as automatic, repetitive, and commodified—the tycoon senses the flaws in his account of language. After examining Citizens United and related precedents struggling to conceptualize corporate speech, this chapter argues that Fitzgerald’s focus on the problem of repeated action reveals a basic incoherence in theories of corporate speech. Conceiving of ideas as brain content that can be bought and sold, Tycoon’s corporate executive unwittingly stumbles on the essentially impoverished nature of corporate speech as repetitive but not meaningful. Decades before corporate speech had First Amendment protections, Fitzgerald’s late fiction imagined and represented its potential problems.

Hybrid Telecoaching for Corporate Speech Training and Potential Applications to Clinical Practice

2019 ◽  
Vol 4 (2) ◽  
pp. 322-324
Author(s):  
Thomas F. Burke
Keyword(s):  
Clinical Practice ◽  
Engineering Teams ◽  
Corporate Strategies ◽  
Corporate Speech ◽  
Phone Calls ◽  
Future Clinical Practice ◽  
Fortune 100 ◽  
Potential Applications ◽  
Language Pathology ◽  
Development Engineering

Purpose The purpose of this article was to describe a model for “hybrid speech telecoaching” developed for a Fortune 100 organization and offer a “thought starter” on how clinicians might think of applying these corporate strategies within future clinical practice. Conclusion The author contends in this article that corporate telecommunications and best practices gleaned from software development engineering teams can lend credibility to e-mail, messaging apps, phone calls, or other emerging technology as viable means of hybrid telepractice delivery models and offer ideas about the future of more scalable speech-language pathology services.

'Liking' on Facebook and the First Amendment

2013 ◽  
Author(s):  
Jessica Bregant ◽  
Jennifer K. Robbennolt
Keyword(s):  
First Amendment

Experiences with the Use of Automation for Collecting and Recording Medical-History Data

1969 ◽  
Vol 8 (02) ◽  
pp. 53-59 ◽  
Author(s):  
John Mayne
Keyword(s):  
Medical History ◽  
English Language ◽  
Medical Information ◽  
Experimental Studies ◽  
Video Screen ◽  
History Data ◽  
Computer Storage ◽  
Computer Controlled ◽  
Questionnaire Studies ◽  
Health Questionnaires

For the past several years, experimental studies have been undertaken at the Mayo Clinic to evaluate the feasibility of utilizing electronic data processing to handle medical information, especially the medical information which makes up a medical record. We have experimented with automated techniques for collecting and storing medical-history data, specifically with techniques for computer generation and processing of health questionnaires, for computer-controlled administration of health questionnaires, and for computer-controlled entry and retrieval of medical-history data directly by physicians in ordinary English language by use of a video-screen and light-pen computer terminal.The questionnaire studies are concerned with ways of entering into computer storage medical-history data obtained from patients without physician involvement; the video-screen studies are concerned with entry into computer storage of medical-history data obtained by physicians in their interview with the patient. The paper describes our experiences in these studies.

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