The United States Supreme Court recently reversed two precedents regarding the First Amendment rights of corporations. A bitterly divided Court held that the government may not ban political spending by corporations in candidate elections. The Court also rules in an important health insurance case dealing with the religion freedom of cooperation.
1. Read the article by Liptak, Adam “Justices, 5-4, Reject Corporate Spending Limit” N.Y. Times. 22 Jan. 2010. at http://www.nytimes.com/2010/01/22/us/politics/22scotus.htmlLinks to an external site.
2. Read HOBBY LOBBY STORES, INC., ET AL v. KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL http://www.supremecourt.gov/opinions/12pdf/12a644_k53l.pdfLinks to an external site.
3. Read one commentator’s analysis there are many on these topic: Legal Analysis of the Supreme Court Ruling on Hobby Lobby-an interesting power pointLinks to an external site.
4. Read both the majority decision and the decisions by those Justices who did not agree and dissented from Supreme Court’s ruling and the Dissents from http://www.law.cornell.edu/supct/html/08-205.ZS.htmlLinks to an external site.
5. Go to the Discussion Board forum “Corporate Freedom of Speech and Religion” and discuss the following issues:
• Do you agree with the Court’s decision that corporations are entitled to the same degree of freedom of speech and religion as individuals? Why or why not.
• What impact do you think this will have on elections, on community issues, or how you receive the news?
• Does the possible unlimited amount of money that corporations might be able to spend in support or opposition to a candidate or cause give you any concern? Why or why not?
• Do you think this will impact where employee work? Is that fair?
