New Search / Research Home
The First Amendment is an Absolute Charles N. Davis

Abstract: Students new to the study of First Amendment law often grapple with the complexity and ambiguity of its parameters, a sensation familiar to all who encounter legal analysis and scholarship for the first time. Legal scholars thrive upon nuance, parsing the meaning of a single word and arguing passionately about the historiography of legislative intent. […]

Read More
Inside the Bellotti Court William E. Lee

Abstract: No publishing company has ever been denied First Amendment protection because it was incorporated. In First National Bank of Boston v. Bellotti, however, the Supreme Court confronted for the first time questions about the impact of corporate identity on the First Amendment protections available to non-media businesses. This Article explains why Justice Powell’s opinion […]

Read More
The Conscience of Corporations and the Right Not to Speak William E. Lee

Abstract: Despite the fact that corporations do not have consciences, in recent years the Supreme Court has been presented with the question of whether restrictions on the actions of a corporation abridge the First Amendment conscience rights of shareholders.  Although the Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission sidestepped that question, in another […]

Read More