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Unions, Corporations, and the First Amendment: A Response to Professors Fisk and Chemerinsky
Cornell Law Review Online (2013)
  • Todd E. Pettys
Abstract
In this response to Professor Fisk and Chemerinsky’s critique of the Supreme Court’s ruling in Knox v. SEIU Local 1000, I make two arguments. First, I challenge the premise of shareholder-employee equivalency that undergirds key portions of Fisk and Chemerinsky’s analysis. Second, I contest the claim that Knox contributes to incoherence in the Court’s First Amendment jurisprudence. Specifically, I challenge Fisk and Chemerinsky’s argument that Knox is difficult to reconcile with the Court’s leading precedents on the speech rights of government employees, and I raise doubts about their reading of the Court’s compelled-speech cases involving complaints that one’s resources are being used to help facilitate others’ speech.
Keywords
  • unions,
  • corporations,
  • speech,
  • first amendment
Publication Date
July, 2013
Citation Information
Todd E. Pettys. "Unions, Corporations, and the First Amendment: A Response to Professors Fisk and Chemerinsky" Cornell Law Review Online Vol. 99 (2013)
Available at: http://works.bepress.com/todd_pettys/21/