
Article
Unions, Corporations, and the First Amendment: A Response to Professors Fisk and Chemerinsky
Cornell Law Review Online
(2013)
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
Disciplines
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/